IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10839 of 2010 RAJU KUMAR, SON OF BIPAN SINGH, RESIDENT OF KACHHI GHAT, POLICE STATION-CHOWK, DISTRICT-PATNA……………………………PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. --------- For the Petitioner : Mr. Ganesh Sharma, Advocate. For the State : Mr. Parmeshwar Mehta, A.P.P. For the Informant : M/s. Mrigank Mauli and Vinay Mishra, Advocates. ---------- 2. 7.4.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as the learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 447, 341, 323, 504, 307 and 324/34 of the Indian Penal Code. As per the allegation set up in the First Information Report, the petitioner alongwith other persons had assaulted the informant’s side causing injury upon one Shankar Rai. It has been submitted on behalf of the petitioner that the petitioner is already in custody since 8.2.2010 and it is apparent from the order of the Additional Sessions Judge - 2 - rejecting the prayer for bail of the petitioner that Shankar Rai had received injuries on his right and left thumb of both the hands. Thus, it is submitted that the injuries are not on the vital part of the body of the injured. It is also submitted that the ingredients of Section 307 of the Indian Penal Code are also not made out against the petitioner. It has been submitted on behalf of the informant that the antecedent of the petitioner is not clean and there are many cases pending against him. Learned A.P.P. for the State submitted that there is allegation against the petitioner of assault upon Shankar Rai due to which he received sharp cutting injury on his left and right thumb of both the hands. However, having regard to the facts and the circumstances of the case, the petitioner, Raju Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Patna City, Patna, in connection with Chowk P.S. Case No.25/2010, with a further condition that one of the bailors of the petitioner must be the close relative or his family - 3 - member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of trial in the court below without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)