IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6106 of 2008 VIDYA NAND RAI & ANR Versus STATE OF BIHAR ----------- 3. 10.11.2008 Heard Sri Nirmal Kumar Sinha No.3, Advocate for the petitioners and the learned A.P.P. for the State. The case is under Section 302 IPC and the allegation against petitioner Vidya Nand Rai is that he dealt a farsa blow on the back of the informant who happens to be the deceased of the case. Petitioner Sakaldeo Rai is alleged to have pierced his bhala but that allegation is without any specification of the site of the injury. The doctor who first examined the deceased issued a report which is copied in paragraph 113 of the case diary and the injury which could correspond to the allegation made against petitioner Vidya Nand Rai, was described as incised wound on the back, left scapular region extending to middle of back size 7”x 1½”x1/2” caused by sharp edged weapon. The doctor who held the postmortem examination report opined, as may appear from the copy of the report in paragraph 130 of the case diary, that injury no.3 was found a stitched wound on the back of the left side of chest measuring 5.5” below left shoulder and after removal - 2 - of the stitch it was found an incised wound with clean cut margin measuring 10”x2”x muscular deep. The wound had entered below the muscular structure of the body of the deceased. It is true, as was contended, that injury no.1 which was found on head was the cause of the death but if one considers the totality of the injury specially that which has been described at sl.no.2 of the report of the doctor first attending on the deceased and as injury no.3 by the doctor holding the postmortem examination report, it could not be said that petitioner Vidya Nand Rai could be granted bail. His prayer, as such, is dismissed. As regards petitioner, Sakaldeo Rai regard being had to the fact that there is no corresponding injury to the assault assigned to him, let him(Sakaldeo Rai)be directed to be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. East Champaran at Motihari in Mehshi P.S.Case No.94 of 2007. B.Kr. ( Dharnidhar Jha, J. )