Lakshman Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.6355 of 2015 (3) dt.08-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6355 of 2015 Arising Out of PS.Case No. -90 Year- 2011 Thana -PATORI District- SAMASTIPUR ======================================================
1. Lakshman Rai Son of Sri Bali Rai @ Ram Bali Rai, Resident of villageDumari, Police Station- Patory, District- Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kanhaiya Pd. Singh, Sr. Advocate Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s Mr. R.P.S. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.04.2015 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Earlier prayer for bail of the petitioner was twice rejected by this court but submission on behalf of the petitioner is that petitioner is in jail custody since 3.4.2012 and, as a matter of fact, at the time of rejection of bail of the petitioner certain facts could not be placed before this court. It is pointed out that according to the prosecution case itself, petitioner gave iron rod blow on the head of the deceasedKuldeep Rai but the post mortem report of the deceased does not corroborate the aforesaid allegation because incised wounds were found on the head of deceased. It is further contended on behalf of the petitioner that in course of trial, son of deceased and one other witness of the prosecution stated that co-accused Bali Rai had assaulted deceased with farsa and, therefore, injuries found on the head of
Patna High Court Cr.Misc. No.6355 of 2015 (3) dt.08-04-2015 deceased are attributed to co-accused Bali Rai, who has already been granted privilege of anticipatory bail by a coordinate bench of this court.
From perusal of post mortem report of deceased, I find that three injuries were found on the deceased. Out of the aforesaid three injuries, one injury was found on parietal region of the head. Second injury was found on forehead and third injury was found on right thigh. Injuries on parietal region of head and forehead of deceased were found to the incised wounds caused by sharp cutting weapon whereas injury found on right thigh of deceased was bruise said to be caused by hard and blunt substance and, therefore, there appears some substance in the arguments of learned counsel for the petitioner as the injuries found on the head of deceased do not corroborate the allegation levelled against the petitioner.
Moreover, petitioner is in jail custody since long and up till now, only three prosecution witnesses could be examined. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Samastipur in Sessions trial no. 347/2012 arising out of Patory P.S. Case no. 90/2011.
The findings/ observations given in this order shall be treated only for the purpose of consideration of bail. shahid (Hemant Kumar Srivastava,J) U T