Shiv Pujan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.21043 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21043 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Shiv Pujan Rai Son of Late Rameshwar Rai, Resident of Village - Karmsheela, P.S. - Baikunthpur, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 08.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

General allegation of assault has been levelled against the petitioner and other accused but when further statement of the informant was recorded under section 161 of the Cr.P.C, informant clearly stated that it was co-accused Sanjay Rai who gave fatal blow to the deceased.

The contents of the post mortem report have been incorporated by the Investigating officer in para 24 of the case diary in which it appears that one injury on scalp of the deceased was found. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Baikunthpur P.S. Case no. 222/2014. shahid (Hemant Kumar Srivastava,J) U T