IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46020 of 2008 1.BANTI SINGH @ KRISHNA KANT SON OF KASHI SINGH @ ANIL KUMAR SINGH 2.KAMLESH SINGH SON OF NIDHA SINGH BOTH RESIDENT OF VILLAGE KARNAPURA,P.S.DURGAWATI,DISTRICT KAIMUR(BHABHUA) Versus STATE OF BIHAR ----------- 2/ 30.1.2009 Heard learned counsel for the parties. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 307 and some other Sections of the Indian Penal Code. It appears that T-20 cricket was being played and after fall of a wicket, dispute rose and allegation is that petitioner no.1 Banti Singh rooted out the stumps and assaulted the informant and others. The allegation against petitioner no.2 is that he brought a rod and handed it over to other partners who assaulted the members of informant side. Submission is that no offence under Section 307 of the Indian Penal Code is made out as there was no premeditation and there was no intervening circumstances. Initially, the injury was found to be simple in nature but in belated report, it was found to be grievous. In fact, the injury was simple. Considering the facts and circumstances of the case, this application is allowed. The above named both petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the 2 satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in Durgawati P.S.Case No. 11 of 2008 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)