IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2708 of 2011 NAGENDRA RAI Versus THE STATE OF BIHAR ----------- 2 10.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Pargraphs- 10 & 11 of this application reveal that in spite of repeated direction by the learned Sessions Judge, Sitamarhi at the time of hearing of A.B.P. No. 372 of 2010, the injury report of injured, Satlal Rai, S/o Late Ramdeo Rai, resident of village- Sirahi, P.S. Riga, District- Sitamarhi who is informant of Riga P.S. Case No. 161 of 2009 was not produced before the learned Sessions Judge, and furthermore, above- said paragraph-10 of this application reveals that the injury report was not available in the case diary. The impugned order of learned Additional Sessions Judge does not reveal this fact as to whether at the time of passing of impugned order dated 23.12.2010, any inquiry report was available before him or not, rather he has only mentioned this fact that at the time of hearing of the bail petition of the petitioner, the informant appeared before him in person and he noticed some sign of burn injury on his person. Although there is direct allegation of throwing acid against the petitioner but considering this aspect of the matter that uptill now, the prosecution could not succeed to bring any - 2 - injury report before the court whereas the petitioner is languishing in jail custody since 04.11.2010, I think it proper to released the petitioner on bail. Accordingly, the petitioner, namely, Nagendra Rai is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Riga P.S. Case No. 161 of 2009 to the satisfaction of Chief Judicial Magistrate, Sitamarhi AKV/- (Hemant Kumar Srivastava,J.)