IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.819 of 2011 ABINASH SINGH Versus THE STATE OF BIHAR with Cr.Misc. No.827 of 2011 ABHIMANYU SINGH Versus THE STATE OF BIHAR ----------- 02 11.02.2011 Both the above stated criminal miscellaneous cases arise out of Bakhtiarpur P.S. Case No. 171 of 2010 registered under Sections 302/34, 447, 323, 324, 307, 504 of the Indian Penal Code and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order. There is specific allegation against the petitioner in Cr. Misc. No. 827 of 2011 that he gave one axe blow to the informant’s father, as a result, of which informant’s father sustained head injury and died in course of his treatment. So far as petitioner in Cr. Misc. No. 819 of 2011 is concerned, allegedly, he assaulted the informant’s brother with iron rod, as a result, of which informant’s brother sustained injury on his head. Learned counsel for the petitioners drew my attention towards the impugned order of learned Additional Sessions Judge and submitted that the injury report of informant’s brother has not been collected by the Investigating Officer though he has already submitted charge sheet and therefore, it would be presumed that the informant’s brother has received simple injury. He further submitted that so far as petitioner in Cr. Misc. No. 827 of 2011 is concerned, allegedly, he had given only one blow to the deceased and the post mortem report of the deceased reveals that lacerated wound was found on the dead body of the deceased. So in the aforesaid circumstance only Section 304 of the Indian Penal Code is attracted against the petitioner in Cr. Misc. No. 827 of 2011. Considering the aforesaid facts and circumstances as well as submissions of the parties petitioner in Cr. Misc. No. 819 of 2011, namely, Abinash Singh is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with above stated Bakhtiarpur P.S. Case No. 171 of 2010. So far as the prayer for bail of petitioner in Cr. Misc. No. 827 of 2011 is concerned, the same stands rejected. Shahzad (Hemant Kumar Srivastava, J )