Ram Chandra Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.33890 of 2014 (4) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33890 of 2014 Arising Out of PS.Case No. -96 Year- 2013 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Chandra Rai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No. III For the Opposite Party/s Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 29.01.2015 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.

Although there is general allegation against all accused persons including petitioner to this effect that they assaulted the deceased and others with different weapons including brick but there is specific allegation against the petitioner that he gave brick blow on the head of deceased.

Learned counsel appearing for the petitioner submits that on the alleged date of occurrence, prosecution party assaulted the petitioner and others for which Mufassil P.S. case no. 95/2013 was lodged against the informant of the present case and others and in the aforesaid occurrence, petitioner and several other persons sustained injury which is evident from annexure 3 series to the supplementary affidavit.

Post mortem report of the deceased reveals that deceased

Patna High Court Cr.Misc. No.33890 of 2014 (4) dt.29-01-2015 sustained one injury on his head whereas prosecution case is that deceased was assaulted by the petitioner and several other accused persons.

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 Sub divisional Judicial Magistrate, Motihari, East Champaran in Mufassil (Lakhaura) P.S. Case no. 96/2013.

shahid (Hemant Kumar Srivastava,J) U T