IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8225 of 2010 BIRENDRA MISTRI,s/o Arjun Mistri,resident of Zogachak,P.S.-Kauakol,District-Nawada. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr.Amarendra Nath Tiwary, Advocate For the State :Mr. Harendra Prasad, Addl.P.P. ----------- 02/ 15-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Kauakol P.S.Case No.111/2009 dated 01-11-2009, registered under Section 307/34 of the Indian Penal Code and some other bailable sections of the Penal Code. According to prosecution case, an altercation took place between the parties on the question of irrigation of paddy field. Petitioner and co-accused Uday Mistry are alleged to have assaulted the informant by Lathi and Khanti causing injuries on the person of the informant. Learned counsel for the petitioner submits that injuries no.2 to 5 were found to be simple in nature and opinion regarding injury no.1 was kept reserved, which was subsequently found to be simple in nature. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and points out that petitioner is one of the assailants to the informant causing injuries on his head. Informant has sustained as many as five injuries, out of which three injuries were found on the head and, therefore, petitioner is 2 not entitled to have the privilege of anticipatory bail. In the aforesaid background and in view of the serious nature of allegation and in view of the fact that petitioner is alleged to have assaulted the informant on his head and corresponding injuries were found on the person, his prayer for anticipatory bail is rejected. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a prayer is made, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)