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.
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.)