IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21858 of 2008 AMOD KUMAR @ TULLU Versus THE STATE OF BIHAR ----------- 3/ 28.8.2008 A supplementary affidavit has been filed on behalf of the petitioner. Keep it on the record. Heard learned counsel for the petitioner, learned A.P.P. and learned counsel appearing on behalf of the informant. The present case has been registered for offences under Sections 307,379 and other sections of the Indian Penal Code against the petitioner and others including Dugesh Kumar Rai. It appears from annexure-2 that a counter case has also been filed for offences under Sections 307,379 and others Sections of the Indian Penal Code on the basis of written report of Durgesh Kumar Rai in which prosecution side of this case are accused. In that case also, the allegations are almost similar as have been leveled in this case. Submission is that there is case and counter case and no offence under Section 307 of the Indian Penal Code is made out and there were no intervening circumstances. While opposing the prayer for bail, learned counsel appearing for the informant has submitted that the injuries were on vital part of the body and one of the injured has remained in comma for about 40 days. Considering the fact that there is case and counter case, in both the cases the allegations are almost similar and members of both sides received 2 injuries, let the petitioner Amod Kumar alias Tullu be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Cheria Bariarpur P.S.Case No. 136 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)