IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13389 of 2008 LAKSHAMAN RAI @ LAKSHAN RAI Versus STATE OF BIHAR With Cr.Misc. No.13448 of 2008 RAM DAYAL RAI Versus STATE OF BIHAR ----------- 2 2.5.2008 Heard. Petitioners are accused in a case under sections 307, 380 and other sections of the Indian Penal Code and 3(1)(x) of SC/ST Act. Specific allegation against the petitioner Ram Dayal Rai is that he assaulted by farsa on the neck of Nagendra Rai. Then the allegation against other petitioner is that he assaulted by iron rod on the neck of Pariya Devi. Learned counsel submitted that the complainant Nagendra Rai filed Complaint case no. 2088/07 with respect to present occurrence after obtaining injury report from a private doctor. He submitted that injured were never treated in any government hospital. He then submitted that on the neck of Pariya Devi the doctor has found simple injury. He then submitted that on the neck of Nagendra Rai the doctor has found one blunt injury grievous in nature. He submitted that in the - 2 - injury report the doctor has not assigned any reason as to on what basis he has declared the injury as grievous in nature. It appears from the impugned order of learned 1st Additional Sessions Judge that Ram Dayal Rai is in custody since 30.1.2008 whereas other petitioner is in jail custody since 5.2.2008. In the facts and circumstances of the case, the abovenamed two petitioners, namely Lakshaman Rai @ Lakshan Rai and Ram Dayal Rai are directed to 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 Chief Judicial Magistrate, Muzaffarpur in Sakra PS case no. 240/07. AI (M.Saran, J)