IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53021 of 2008 MD. REZANOOR @ BECHANA S/o Md Raquib resident of Village Hatgaon, P.S.Palasi Dist. Araria Petitioner Versus THE STATE OF BIHAR Opposite party ---------- 02 24.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is accused for offences punishable under sections 307,397, 323,324 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that this matter is with regard to the case and counter case between both the parties who are Gotias/ cousin living in the same Angan. It is also stated that dispute arose only due to throwing of garbage in the well. He further submits that although the allegation is that the petitioner assaulted the informant with Dabia on his head but according to the injury report (Annexure 2) there is no Dabia wound on the head rather there is simple injury inflicted left midjoint region covered by beard. Learned counsel for the petitioner avers that it is quite apparent from the facts and materials that the said minor and simple wound has been created by the informant himself for the purpose of the case. Considering the facts and circumstances of the case as well as arguments of the parties, this petition is allowed. In case of surrender/ arrest within fifteen days from the date of receipt of a - 2 - copy of this court in the court below, the petitioner, namely, Md Rezanoor @ Bechana, shall be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Palasi P.S. Case no. 174 of 2008 subject to the condition under section 438(2) of the Code of Criminal Procedure. shahid (S.N.Hussain, J)