IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41086 of 2010 SANDEEP KUMAR MISHRA @ BABLOO, S/O VISHWANATH MISHRA, RESIDENT OF VILLAGE-CHHITNAWAN, P.S.-MANER, DISTRICT-PATNA. ............PETITIONER Versus THE STATE OF BIHAR ...................OPPOSITE PARTY ----------- 2. 06.01.2011 Heard Sri Devendra Kumar Sinha, learned senior counsel appearing on behalf the petitioner, Smt. Indu Bala Pandey, learned Additional Public Prosecutor, appearing on behalf of the State and Sri Manoj Kumar learned counsel for the informant. Petitioner who is in custody in Maner P.S. Case No. 70 of 2010 for the offence under Sections 307 and other allied section of the Indian Penal Code has prayed for grant of bail. The petitioner is in custody since 23.9.2010 in connection with Maner P.S. Case No. 70 of 2010. Accusation against the petitioner in the case is that while mother of the informant and mother of the petitioner were scuffling, the petitioner, his brother and father came armed with iron rod and lathi and while the informant tried to intervene, the accused persons assaulted the informant as well as mother of the informant. Allegation against the petitioner is that he gave a blow from iron rod on the head of the informant causing serious injury. Learned counsel for the petitioner submits that in the F.I.R. there is specific allegation that the petitioner gave one blow on the head of the informant. However, in the medical examination report three injuries on the head of the informant were found. It has been pleaded in the petition that one of the close relation of the informant was compounder of a doctor, who had medically examined the informant. It has further 2 been submitted that the informant and accused persons are agnates. Learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail. He submits that even though the petitioner is inside the jail, he directly or indirectly is threatening the informant and as such there is apprehension that if the petitioner is released on bail, the petitioner may commit the same offence. Learned counsel for the State has supported the stand taken by the learned counsel for the informant. Be that as it may from the F.I.R. it is evident that there is allegation of giving only one blow and that too it appears that there was no intention to kill either the informant or his mother. The petitioner is already in custody since 23.9.2010. Let the petitioner, Sandeep Kumar Mishra @ Babloo, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M. Danapur in Maner P.S. Case No. 70 of 2010 Amit ( Rakesh Kumar, J.)