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Hari Shankar Prasad &Amp; Ors. vs The State Of Bihar on 1 March, 2011

Patna High Court – Orders
Hari Shankar Prasad &Amp; Ors. vs The State Of Bihar on 1 March, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CR. APP (SJ) No.220 of 2011
                          HARI SHANKAR PRASAD & ORS.
                                    Versus
                              THE STATE OF BIHAR
                                 -----------

2. 01.03.2011. This appeal shall be heard. Call for

the Lower Court Records.

As regards appellant nos.1 and 3 they

are said to have assaulted the son of the

informant and the informant as well. Specific

allegation has been made against appellant

no.3 Amit Kumar that he dealt a garasa blow

on the head of the P.W.6 Birendra Kumar who

happened to be the son of the informant. The

injury report of said Birendra Kumar has been

discussed in paragraph-15 at page-7 of the

judgment and the injuries has been found

caused by sharp cutting weapon but no opinion

on the nature of the injury has been

discussed by the learned trial Judge.

However, during the course of hearing on the

prayer for bail of the appellants, the

certified copy of the evidence of doctor

P.W.8 was produced before the court and it

appears that the doctor P.W.8 in paragraph-5

of his evidence stated that two injuries on

P.W.6 were found to be simple.

2

Regard being had to the above facts

and circumstances, during the pendency of

this appeal, let the three appellants,

namely, Hari Shankar Prasad, Harinath Prasad

and Amit Kumar be released on bail on

furnishing bail bond of Rs.10,000/-(ten

thousand)each with two sureties of the like

amount each to the satisfaction of Additional

Sessions Judge-cum-Fast Track Court No.5,

Muzaffarpur in Sessions Trial No.803 of 2006

arising out of Motipur P.S.Case No.62 of

2004, G.R.Case No.711 of 2004.

As regards the sentence of fine,

realization thereof shall remain stayed

during the pendency of this appeal.

B.Kr.                          ( Dharnidhar Jha,J.)
 

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