Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44105 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- NAGARNAUSA District- Nalanda ====================================================== Pawan Kumar, Son of Ravindra Prasad, Resident of Village- Nagarnausha, P.S.- Nagarnausha, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 13.12.2017, in connection with Nagarnausha P.S. Case No. 145 of 2017, for the offence registered under Sections 302, 120B and 304/34 of the I.P.C.

Learned counsel for the petitioner submits that there is allegation against the petitioner is that he along with other accused persons assaulted the deceased. The postmortem report does not indicate any external injury, which entirely belies the prosecution case.

It is further submitted that the doctor has found that except a swelling of scrotum with a bruise, there is no other injury over the dead body. It is further submitted that similarly

Patna High Court Cr.Misc. No.44105 of 2018(2) dt.14-08-2018 2/2 situated co-accused Ravindra Prasad and Raushan Kumar have since been granted the privilege of bail by this Court in Cr. Misc. No. 24938 of 2018 vide order dated 05.07.2018. Considering the aforementioned facts and circumstances and that nature of allegation be identical and the petitioner having no criminal antecedent, 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 learned Additional District and Sessions Judge-I, Hilsa, in connection with Nagarnausa P.S. Case No. 145 of 2017.

(Anjana Mishra, J) khushbu/abhijeetU T