Patna High CourtCR. MISC./27585/2016bail granted

Suresh Chauhan v. The State Of Bihar

2016-09-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27585 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Suresh Chauhan S/o Late Sinath Chauhan resident of village - Khurmabad, P.S.- Siwan Muffasil, District - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 302/34 of the Indian Penal Code.

Petitioner is in jail custody since 20.11.2015 on the accusation that he as well as co-accused assaulted the deceased with bamboo as a result whereof, deceased died after one week of the occurrence in course of his treatment. Annexure-2 to this petition goes to show that deceased was firstly examined by the Medical Officer, Sadar, Siwan, who found only one injury on the forehead of the deceased but post mortem report of the deceased goes to show that two injuries were found on the person of the

Patna High Court Cr.Misc. No.27585 of 2016 (3) dt.17-09-2016 2/2 deceased. However, the occurrence is said to have taken place on account of cutting of bamboos. The investigation has already been completed and further detention of the petitioner for the purpose of investigation does not require.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 289 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T