Lav Kush Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21209 of 2015 Arising Out of PS.Case No. -34 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lav Kush Singh S/o Ramashrya Singh

2. Santosh Singh S/o Kuber Singh Both of Village Shripur, Tola Rampur, P.S. Sugauli, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 10.02.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.

The accusation is of making assault to the victim Biresh Manjhi with fist and leg, who subsequently succumbed to the injuries on 03.02.2014.

It is submitted by learned counsel for the petitioners that for the occurrence of 28.01.2014 the FIR was

Patna High Court Cr.Misc. No.21209 of 2015 (2) dt.07-07-2015 2/2 registered on 04.03.2014 after the death of the victim. The postmortem report reflects no external injury, though, blood clot was found in the brain tissue and meninges caused to the impact of heavy hard and blunt substance.

Considering the delayed lodging of the case and the accusation not being corroborated by the post-mortem report, let the above named petitioners, 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 learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. Case No. 34 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T