IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49308 of 2008 AKHILESH CHOURASIA, S/o Late Ramdeo Chourasia @ Kari Chaurasia, Resident of village – Chaita (South), P.S. – Angarghat, District – Samastipur. Versus THE STATE OF BIHAR ----------- 3. 04.02.2009 Heard Sri Parthe Sarthy, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The father of the informant is the deceased. The informant claims knowing from the deceased, who was lying in a miserable condition, that two accused persons had assaulted him. The informant claimed that while shifting his father to a hospital the man died. Thus, the story comes through a dying declaration orally made and that appears of definite assault administered to the deceased by two accused including the present petitioner. The contention is that the medical report does not support it, inasmuch as, the doctor holding post-mortem examination report did not find any external or internal injury on the dead body. The reason for false implication by the informant as pointed out by Annexure – 3 is a previous case vide Angarghat P.S. Case No. 29 of 2008 in which the informant had been made an accused by the present petitioner. - 2 - Regard being had to the above facts and circumstances, let petitioner Akhilesh Chourasia be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai in connection with Angarghat P.S. Case No. 31 of 2008. DKS/ (Dharnidhar Jha, J.)