Sheopujan Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.41306 of 2015 (4) dt.17-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41306 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -GAURICHAK District- PATNA ======================================================

1. Sheopujan Prasad, Son of Saryug Prasad, Resident of villageBeldarichak, P.S- Gaurichak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Jitendra Kumar Singh For the State Mr. R.P.S. Singh, APP For the informant Mr. Prakash Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 17.12.2015 Learned counsel for the petitioner is permitted to make necessary correction in this petition within course of the day. Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

According to the prosecution case itself, petitioner and seven other FIR named accused assaulted the deceased with different weapons such as iron rod and lathi etc but inquest report, contents of which have been incorporated by the Investigating officer at paragraph 3 of the case diary, shows that at the time of preparation of inquest report, Investigating officer noticed injuries on the deceased and specifically mentioned that there were injuries on nose, right toe and in between fingers of the leg. The aforesaid finding of the Investigating officer is corroborated by the post mortem report in

Patna High Court Cr.Misc. No.41306 of 2015 (4) dt.17-12-2015 which doctor found almost similar injuries and could not give exact cause of death of the deceased and kept reserved his opinion regarding actual cause of death of the deceased.

From perusal of the inquest report as well as post mortem report, it is obvious that no injury was found on the head of the deceased and, therefore, in my view, petitioner is entitled to get privilege of bail. Hence, he (Sheopujan Prasad) is directed to 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 Addl. Sessions Judge VII, Patnacity, Patna in Sessions trial no. 691/2015 arising out of Gaurichak P.S. Case no. 48/2015. shahid (Hemant Kumar Srivastava,J) U T