Ashmohamad Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48583 of 2014 Arising Out of PS.Case No. -145 Year- 2014 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ashmohamad Gaddi S/o Sipahi Gaddi Resident of Village Motipur, P.S. Bairia, District West Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in a case registered for offences punishable under Section 302/34 of the Indian Penal Code. It is stated that earlier the case was lodged under section 302/34 of the Indian Penal Code but later on chargesheet was submitted under section 304/34 of the Indian Penal Code and cognizance has also been taken for the offence under section 304/34 of the Indian Penal Code. In support of his submission, learned counsel has produced certified copy of the order taking cognizance dated 23.01.2015. Let it be taken on record. It is submitted that general and omnibus allegation has been made against all the accused persons and there is nothing in the first information report as to who had assaulted the brother of
Patna High Court Cr.Misc. No.48583 of 2014 (2) dt.03-03-2015 the informant on his stomach as the post-mortem report shows that the cause of death was due to shock and trauma over intestine. Having regards to the facts and circumstances of the case, the petitioner, namely, Ashmohamad Gaddi, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in Bairia Police Station Case No. 145 of 2014. (Dr. Ravi Ranjan, J) SC/- U