Chandan Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41838 of 2015 Arising out of PS.Case No. -282 Year- 2014 Thana -HUSAINGANJ District- SIWAN ====================================================== Chandan Nat, Son of Hazi Nut, resident of Village- Harihas, Kurha Tola P.S.- Hussainganj, District- Siwan.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Arun Kumar No. 1, Advocate. For the Opposite Party : Mr. Dr. Kr.Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 19.03.2015 in connection with Hussainganj P.S. Case No. 282 of 2014 for the offences instituted under Sections 147, 149, 323, 324 and 307 of the IPC. Subsequently, Section 302 IPC was also added. The prosecution story, in brief, is that on 30.10.2014 at about 2.00 P.M., one Kismat Nat reached at the Darwaza of the informant Azad Nat with intention to kill and he assaulted Ashraf Ali by means of Lathi on his head which resulted cutting on the head and bleeding came out. Thereafter, Hazi Nat, Jayab Nat and Chandan Nat(petitioner) reached at the place of occurrence. Hazi Nat was armed with Farsa and other accused armed with Lathi
Patna High Court Cr.Misc. No.41838 of 2015 (3) dt.03-11-2015 2/3 and Haji Nat inflected Farsha blow on the arm of Ashraf that resulting cut injury below Pakhura causing severe injury. Jayale Nut and Chandan Nat assaulted Ashraf Nat by means of Lathi after that Saddam Nat and Samsul Nat reached there and assaulted Mirhamja Nat by means of rod which inflicted injury on his head. Samsul Nat assaulted by means of Lathi on the leg and back. Thereafter, Jazuddin Nat, Barkat Nat, Sarfuddin Nat armed with Lathi, Danda and rod, reached at the place of occurrence and started assaulting to Arman Nat due to which injury sustained on the informant Azad Nat and other came to P.H.C. Hunanjay for treatment where they were referred to Siwan Sadar Hospital and from there Ashraf Nat further referred to P.M.C.H. Patna for better treatment.
The several persons have seen the occurrence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 19.03.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioner. The death has taken place after twenty days of the alleged occurrence. Hence, admittedly the death is not due to primary haemorrhage rather the same is due to secondary haemorrhage. It is a case and counter case between the parties.
Patna High Court Cr.Misc. No.41838 of 2015 (3) dt.03-11-2015 3/3 deceased. .
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan, in connection with Hussainganj P.S. Case No. 282/2014. U.K./- (Sudhir Singh, J) U T