Patna High CourtCR. MISC./15872/2015bail granted

Rajendra Singh And ANR v. The State Of Bihar

2015-06-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15872 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -AWTARNAGAR District- SARAN ======================================================

1. Rajendra Singh

2. Daroga Singh, Both are Sons of Jagdish Singh resident of village - Ramutola, P.S. Awatar Nagar, District - Saran .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of regular bail for offence under Section 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that omni bus and general allegation has been made against the petitioners. It has, further, been submitted that no deadly weapon whatsoever is said to have been used in course of the occurrence. The occurrence is said to have been taken place due to dumping of garbage, which resulted in hot exchange of words and led to the present occurrence. It has, further, been submitted on behalf of the petitioners that the post mortem report do not support the allegations made in the first information report. From the perusal of the post mortem report (Annexure 2), it appears that

Patna High Court Cr.Misc. No.15872 of 2015 (2) dt.09-06-2015 2/2 there is no external or internal injury on the body of the deceased nor the cause of death could be ascertained. It is, further, submitted that the petitioners have got no criminal antecedents and are in jail since 24.10.2014.

On behalf of the State it has been submitted that the petitioners are named in the first information report and they have played an active role in the said offence.

Considering the aforesaid facts and circumstances, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Awatar Nagar P.S. Case No. 138 of 2014 to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra.

(Sudhir Singh, J) SA/- U √ T √