IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16777 of 2008 KANHAIYAA YADAV & ORS Versus STATE OF BIHAR ----------- 2. 12.5.2008 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. This is an application for grant of regular bail in a case under sections 307, 379 and allied sections of the Indian Penal Code against five persons including the petitioners. The informant Nitesh Kumar lodged a first information report alleging therein that his borther Rupesh Kumar and his brother’s wife were at the door in the morning. In the meantime, accused persons variously armed came there and started assaulting his brother. It is alleged that Shivan Yadav hurled sword on the head of his brother causing cut injury and other accused persons assaulted him with the butt portion of the pistol on the back, arm and chest and his brother fell down. His Bhabhi when came to resuce, Kanhaiya Yadav assaulted her with the butt of the pistol on her head causing injury and she fell down. It is further alleged that Saryug Yadav took out a sum of Rs.50,000/- from the pocket of his brother and Awadhesh Yadav snatched wrist watch. Learned counsel for the petitioners submits that there is a case and counter case. He submits that as per the allegation the petitioner, Shivan Yadav @ Shiv Kumar hurled sword causing injury on the head of Rupesh Kumar. He refers to the injury report annexed with the supplementary affidavit and submits that no injury of sword has been found on the person of Rupresh Kumar. He submits that 2 injury on the persons of Sita Devi is simple in nature. He, therefore, submit that the petitioners be released on bail. Learned counsel for the informant produced several documents of treatment of Rupesh Kumar and submitted that he was extended treatment from Patna to AIIMS, Delhi. He submits that the petitioner Shivan Yadav caused severe injury on the head of Rupesh Kumar and as per the injury report two injuries were found on the head dangerous to life, grievous in nature. He, therefore, submits that the petitioners does not deserve bail and their prayer for bail be rejected. Considered the allegation, injury report and several documents of treatment of Rupesh Kumar. So far as petitioner, Shivan Yadav @ Shiv Kumar is concerned as per the allegation he is the sole assailant on the head and in view of the injury sustained by Rupesh Kumar, the prayer for bail of Shivan Kumar @ Shiv Kumar is rejected. So far as petitioners, Kanhaiya Yadav and Dinesh Yadav @ Dinesh Kumar are concerned, they, namely, Kanhaiya Yadav and Dinesh Yadav @ Dinesh Kumar, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Sangrampur P.S.Case No.88 of 2007. Md.S. (Anwar Ahmad)