IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1558 of 2009 SHANKU KUMAR @ CHINTA MOHAN, son of Satyendra Singh, resident of Village Badhauna, P.S. Chandi, District Nalanda ------Petitioner Versus STATE OF BIHAR ----------- 2. 24.3.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner, who is apprehending his arrest in connection with Chandi P.S. Case No.96/2007, is under section 307/34 of the Penal Code. The allegation against the petitioner is that he assaulted with Garasa causing injury on the head of the informant. It is submitted on behalf of the petitioner that on account of single assault allegedly made by the petitioner read with the nature of injury, which was found to be simple in nature, no offence under section 307 of the Penal Code is made out against the petitioner. The police after investigation submitted final form against the petitioner. However, the learned Magistrate differed and took cognizance of the aforesaid offence. The learned APP appearing for the State submits that although there is allegation 2 against the petitioner of assaulting by Garasa on the head of the informant which caused injuries, but the Doctor has given his opinion that the injuries are simple in nature. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Chandi P.S. Case No.96/2007 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Hilsa (Nalanda), in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)