Ravindar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3068 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================

1. Prakash Sah S/o Ganga Prasad Sah Resident of village - Dulari, P.S. Pipra, Distt. - Supaul .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13255 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================

1. Ravindar Sah S/o Shambu Narayan Sah, Resident of Village - Dulari, P.S. - Pipra, District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.3068 of 2015) For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. S.D.Singh Yadav(App) (In Cr.Misc. No.13255 of 2015) For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-04-2015 Both the above stated petitions have arisen out of Pipra P.S. Case No. 175 of 2014 which was initially registered for

the offences punishable under Section 307 and other minor sections of the Indian Penal Code but due to death of one injured, namely, Vikash Kumar the case was converted under Section 302 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Both the petitioners are named but no specific overtact has been attributed against them in the first information report. In course of investigation, the statement of mother of the deceased was recorded at para 24 of the case diary in which she specifically stated that co-accused, Hari Narayan Sah gave blow of cricket bat on the head of the deceased as a result of which deceased fell down there.

Admittedly, the alleged occurrence took place on account of land dispute and a counter case was also lodged and it is stated in the said counter case that persons from the side of informant of aforesaid counter case also sustained injuries. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioners had not given fatal blow to the deceased, let the

petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 175 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T