Muni Lal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48300 of 2014 Arising Out of PS.Case No. -97 Year- 2012 Thana -KHUSRUPUR District- PATNA ====================================================== Muni Lal Rai, S/o Kamal Rai, R/o Vill. Banstal Chauraha, P.S. Khushrupur, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Singh For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Khushrupur P.S. Case No. 97 of 2012 registered under Sections 341, 323, 324, 448, 302, 380, 427, 435 and 307/34 of the I.P.C. The accusation is that the petitioner along with 12 others entered in the house of the informant and started to assault his family members, at that time, the petitioner gave knife blow at the head of Suraj Rai, deceased-father of the informant and Akhlesh Rai also assaulted him and others caused injury through lathi and danda.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. along with others with allegation of causing knife blow injury at the head of the deceased

Patna High Court Cr.Misc. No.48300 of 2014 (6) dt.02-09-2015 2/2 Suraj Rai, father of the informant and others also caused injury through lathi but it would appear from the postmortem report, as detailed in paragraph no. 23 of the case diary, that no any sharp cut injury was found on the body of the deceased rather lacerated would was found caused by hard and blunt substance. It is also submitted that petitioner is accused in another case i.e. Complaint Case No. 1136 of 2010, except that there is nothing against the petitioner and the petitioner is in custody 18.01.2014. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna-City, Patna in connection with Khushrupur P.S. Case No. 97 of 2012. Out of two sureties, one surety must be parents or close relatives of the petitioner.

(Rajendra Kumar Mishra, J.) Shail/- U T