Nessar Khan @ Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37605 of 2014 Arising Out of PS.Case No. -758 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nessar Khan @ Md. Naushad S/o Late Ismail Khan, Resident of VillageChawani, P.S. Bettiah Town, District- West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s with Criminal Miscellaneous No.49906 of 2014 Arising Out of PS.Case No. -758 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Soyeb @ Munna @ Md. Saueb @ Md. Suaib @ Munna Son of Late Md Nurain R/o Mohalla Chhawni, Ward No. 5, Bettiah, P.S. Bettiah (Town), District West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2015 Both petitions arise out of Bettiah Town P.S. Case No. 758 of 2013 registered under Section-302 & other minor sections of the Indian Penal Code and accordingly, both the above-said petitions are being heard and disposed off by this common order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Although there is specific allegation against the petitioner in Cr. Misc. No. 37605 of 2014 that he gave iron rod

Patna High Court Cr.Misc. No.37605 of 2014 (4) dt.29-01-2015 blow to the deceased but the postmortem report of the deceased reveals that no fracture injury was found and only abrasion over right eyebrow with swelling as well as swelling over neck below left ear -in front was found and the aforesaid finding of the postmortem report is corroborated by the inquest report of the deceased. Furthermore, the doctor opined that the ante-mortem injuries of the deceased were not sufficient to cause his death. So far as the petitioner in Cr. Misc. No. 49906 of 2014 is concerned; there is no specific allegation against him and admittedly, the alleged occurrence took place due to construction of drainage. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let both the petitioners, named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Bettiah Town P.S. Case No. 758 of 2013 to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T