IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17241 of 2008 AJAY YADAV Versus STATE OF BIHAR ----------- 02. 13-5-2008 This is an application for the grant of regular bail in a case under section 307 with allied sections of the Indian Penal Code, against five persons including the petitioner. Informant Guddu Yadav lodged FIR alleging therein that brick-bats were hurled from both sides and the petitioner assaulted the son of the informant with a Khanti on the head. Learned lawyer for the petitioner submits that the son of the informant sustained injury by brick-bat and not by Khanti. He submits that the occurrence took place on the spur of moment and there was no question of pre-plan. He, therefore, submits that petitioner who is in custody from 28th January, 2007 be released on bail. From the perusal of the injury report (Annexure-2) it appears that Jittu Yadav sustained 3”long wound on the frontal region of scalp, besides one lacerated wound on nose. As per the supplementary injury report C T Scan of brain was held and fracture of left frontal bone was found. Thus, the injury corroborates the allegation. In view of the injury report and the allegation together with the submissions made, the prayer for bail is rejected. However, the petitioner may renew his prayer for bail after six months. rkp (Anwar Ahmad, J) - 2 -