IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2421 of 2009 MUNNA JHA @ KRISHNA KUMAR JHA S/O-Sri Bodh Krishna Jha, R/O-Mohalla-Ram Nagari, P.S.-Rajiv Nagar, Distt.-Patna. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 15.04.2009 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the State and learned Counsel for the informant. The petitioner seeks bail in a case which has been registered under Sections 307, 353 and some other Sections of the Indian Penal Code. The informant is Dy. S.P. control room, he was returning with his bodyguard. In the way he found some obstruction he tried to intervene but at the behest Vijay Yadav, the informant’s bodyguard was caught and was assaulted on his head by Sanjay Yadav. The informant also received injury on various parts of his body. Sanjay Kumar and the petitioner were apprehended there, rest of the accused Vijay Yadav, Raju Prasad and Mukhram Prasad has been escaped. - 2 - Learned Counsel for the petitioner has submitted that two persons were apprehended at the spot out of which Sanjay Kumar and this petitioner were apprehended. Allegation against Sanjay Kumar is of causing head injury on the bodyguard of the informant who has been granted bail by the court below itself. The informant was not on official duty so Section 353 of the Indian Penal Code is not applicable. All the injuries found to be simple in nature. Learned Counsel for the informant has opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Shastrinagar P.S. Case No. 463 of 2008. kksinha/ (Shyam Kishore Sharma, J.)