IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40275 of 2009 SHEIKH MOHAMMAD IMAMUDDIN NAYYER @ NAIYER IMAM @ SIMPU S/o Sk. Ainullah Versus THE STATE OF BIHAR ----------- 4/ 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 448, 379, 307, 504/34 of the Indian Penal Code. The informant stated that he had gone to Narkatiyaganj Railway Station on 06.05.2010 to meet his brother-in-law (Bahnoi), who gave him a sum of Rs. 5,000/-. It is alleged that this petitioner demanded a sum of Rs. 3,000/- out of it, which the informant did not oblige. Then it has been alleged that petitioner and his associates came to his house and called him out. It is alleged that petitioner struck him with knife, causing injury. Learned counsel submits that both the informant and the petitioner belong to same village. He further submits that all the injuries are simple in nature. A copy of injury report has been annexed as Annexure-2. He submits that the main genesis of the prosecution case has been disbelieved by the investigating officer that there was a demand of certain part of money given to the informant by his brother-in-law. Learned counsel submits that petitioner was above 18 years of age on the date of occurrence. Counsel for the informant submits that the informant later sustained knife injury. It would appear from the prosecution case that both the - 2 - informant and the petitioner belong to the same village. Furthermore, the investigating officer had disbelieved the genesis of occurrence. The grounds taken by the petitioner may be relevant for consideration of regular bail. As such, this court observes that if petitioner surrenders before the court below (Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. case no. 218 of 2009) and seeks for regular bail, the same would be disposed of on its own merit without being prejudiced by this order. With the aforesaid liberty, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)