Bochha Rai @ Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17092 of 2021 Arising Out of PS. Case No.-658 Year-2020 Thana- BIHTA District- Patna ====================================================== 1.

BOCHHA RAI @ RAJESH PRASAD Son of Chandeshwar Rai Resident of Village - Gulamlichak, P.S.- Bihta, Distt.- Patna (Bihar) 2.

Sonu Kumar Son of Bochha Rai @ Rajesh Prasad Resident of Village - Gulamlichak, P.S.- Bihta, Distt.- Patna (Bihar). ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Dipak, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-10-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 447, 341, 323, 324, 307, 504, 506/34 of the I.P.C.

Co-accused Chandeshwar Rai allegedly assaulted to the husband of the informant with a dagger causing injury at the left side of chest. Petitioner Sonu Kumar assaulted with a dagger causing injury at the abdomen. Petitioner Bochha Rai gave a tooth bite at the chest of husband of the informant. Submission is that the available injury report does not corroborate the allegation as the doctor has found single sharp cut wound at the chest which is not attributed against the

Patna High Court CR. MISC. No.17092 of 2021(3) dt.04-10-2021 2/2 petitioners. Another injury was swelling at the left side of abdomen.

Considering the nature of allegation against the petitioners which is not corroborated by the medical evidence and statement of the petitioners on oath that they have got no criminal antecedent, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bihta P.S. Case No. 658 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T