IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19865 of 2010 IRSHAD KHAN @ JHUMERI, S/O Fulman Khan, R/O Vill. Chanaur, P.S. Siwan Mufassil, Distt. Siwan …………….Petitioner Versus STATE OF BIHAR ……………..O.P. ----------- For the Petitioner : Mr. Udit Nr. Singh, Advocate For the State : Mr. R.B. Roy Ramani, A.P.P. 2. 23.06.2010 Heard the Parties. The petitioner apprehends his arrest in a case instituted for offences under Sections 307, 324, 323, 341, 504/34 of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that entire occurrence had taken place on the question of playing cricket in a field. Though petitioner is alleged to have assaulted the informant by Lathi causing injury in his right elbow, but the petitioner had no mens rea to commit an offence punishable under Section 307 of the Indian Penal Code. The petitioner is not alleged to have indulged in firing. Learned counsel appearing on behalf of the State as also the informant have strongly opposed the prayer for anticipatory bail made on behalf of the petitioner. It is submitted that because of assault made by this petitioner the right hand of the informant was fractured and the Doctor 2 found injury to be grievous in nature. Be that as it may, in view of nature of injury sustained by the informant, which is attributed to the petitioner, this court not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly it is rejected. The petitioner must surrender in the court below within a period of four weeks from today in connection with Siwan Muffssil P.S. case No. 75/2010 pending in the court of C.J.M., Siwan and seek regular bail, if so advised, which shall be considered and disposed of on its own merit without being prejudiced by the present order. Praveen (Birendra Prasad Verma,J.)