IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23759 of 2009 MAQUASOOD ALAM Versus THE STATE OF BIHAR ----------- 3. 21.8.2009 Heard Sri Sanjeet Kumar, learned counsel for the petitioner and the learned A.P.P. for the State as well as the Informant. The allegation against the petitioner is that he dealt a blow on the head of the informant as a result of which cut wound was caused. The other allegation of assault is against co-accused Arshe Alam and it is alleged that he dealt an iron rod blow on the right side of head as a result of which it started bleeding from the rib. The learned counsel appearing for the informant has attempted to impress upon me by producing a few copies of the injury report and opinions that this petitioner could be the author of injury no.1 which was ultimately found grievous by the doctor which opinion was based on C.T.Scan report. I have considered the injury report issued by the doctor. The first injury was a lacerated wound on head(right parietal to right occipital)of size 2”x1/4”x skin deep with profuse bleeding from right ear. The other three - 2 - injuries were tendered swellings over left elbow, tenderness over chest and tenderness over left shoulder. Thus, the doctor who examined the injured, found only one injury on or around head. The above injury no.1 was found grievous as there was a fracture of temporal/parietal bone which was indicated by the Radiologist’s reports. Thus, it could safely be said that there was no corresponding injury to the allegation which is made against the present petitioner on the person of the injured, considering which, the prayer for bail of the petitioner is hereby allowed. Let the above named petitioner be released from custody on furnishing bond of Rs.5,000/-(five thousand)with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipur in Behera P.S.Case No.61 of 2009. B.Kr. ( Dharnidhar Jha, J. )