IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.301 of 2010
1. PUNDEO RAI
2. RAJENDRA RAI
3. CHOTAN RAI
4. CHAMAN RAI
Versus
STATE OF BIHAR
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05/ 17.01.2011 I.A. No. 22 of 2011
Earlier Appellant No. 1 Pundeo Rai and Appellant
No. 3 Chotan Rai were granted bail vide order dated
10.5.2010 considering the contradictory evidence of the
prosecution witnesses.
Counsel for the appellants submits that in case of
Appellant No. 2 Rajendra Rai and Appellant No. 4 Chaman
Rai also similar contradiction is there so far evidence of
prosecution witnesses are concerned. According to P.W. 1,
Appellant No. 4 Chaman Rai was armed with lathi and
Appellant No. 2 Rajendra Rai was armed with Chhura.
According to other witnesses all were armed with Chhura.
The opinion of doctor (P.W. 5) is also not fully corroborated
to the evidence of prosecution witnesses.
Considering these facts, prayer for bail on behalf of
appellant no. 2 Rajendra Rai and appellant no. 4 Chaman
Rai is also allowed. During the pendency of this appeal,
they are directed to be released on bail on furnishing bail
2
bond of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of 8th Additional
Sessions Judge, Motihari, District – East Champaran in
connection with Sessions Trial No. 476 of 1993.
Realization of fine shall remain stayed.
(Mridula Mishra, J.)
(Dharnidhar Jha, J.)
DKS/