IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32166 of 2009 1.BABU SAHEB PANDEY, Son of Late Bihari Pandey 2.Ratneshwar Pandey, Son of Late Umrao Pandey Both are resident of Village-Rasiyari, P.S. Ghanshyampur, District-Darbhanga. Versus STATE OF BIHAR ----------- 3 14/10/2009 Heard counsel for the petitioners and counsel for the State. Having perused the case diary as also the material allegations against the petitioners, this Court would find that stabbed (incised injury) would not be possible from a Hura blow, as is alleged against petitioner no.1. There being no other injury except one incised injury, the allegation against petitioner no.1 pales into insignificance. Same however would not be the position with regard to petitioner no.2, in whose case Farsa injury has been found to be there in the injury report by way of sharp cutting injury. It is true that there is case and counter case and Mr. Thakur learned counsel for the petitioner has also referred to injury report on petitioners' side to show that there were certain grievous injuries, but then it would be premature to hold as to which party was aggressor. Taking all these fact into account, while this Court would direct for release of petitioner no.1, Babu Saheb Pandey, on bail, it would reject such prayer for bail of petitioner no.2, Ratneshwar Pandey for the present. The petitioner no. 2 keeping into account that he has no criminal antecedent and there has been 2 injury on his side may renew his prayer for bail after completing further period of six months of his judicial custody from today . That being so, petitioner no.1, namely, Babu Saheb Pandey is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub.Divisional Judicial Magistrate, Biraul at Benipur (District-Darbhanga) in Ghanshyampur P.S. Case No. 122 of 2008 on a condition that one of his bailor must be a close family member. Abhay Kumar (Mihir Kumar Jha, J.)