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Patna High CourtCR. MISC./17610/2015bail granted

Dharmendar Chandrabanshi @ Dharmendar Rawani v. The State Of Bihar

2015-08-18Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.17610 of 2015 (4) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17610 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -GOH District- AURANGABAD ====================================================== Dharmendar Chandrabanshi @ Dharmendar Rawani Son of Rajendra Rawani resident of village - Neyamatpur, Police Station - Goh, District - Aurangabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the State : Mr. R.P.S.Singh, A,P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State. The petitioner has been arrested in connection with Goh P.S. Case No. 140 of 2014 registered under Sections 302, 201 and 34 of the Indian Penal Code.

There is allegation that petitioner and one co-accused Upendra along with the deceased (the elder brother of the informant) went through the tempo to purchase seeds and fertilizers, but the brother of the informant did not return. On search, it was learnt that brother of the informant was killed. Learned counsel for the petitioner submits that there is no direct evidence of assault against the petitioner. The doctor who conducted the postmortem of the deceased opined that death cannot be ascertained. So viscera preserved. However, viscera report has been received from the Forensic Science Laboratory and it is reported that no Metallic, Alkaoidal, Glycosidal, Pesticidal or Volatile poison could be detected.

Patna High Court Cr.Misc. No.17610 of 2015 (4) dt.18-08-2015 Having regard to the facts and circumstances of the case, the above named petitioner is directed to 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 Shri Gaurav Anand, Judicial Magistrate, 1st Class, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 140 of 2014. Let F.S.L report received in sealed cover which is opened in open Court be sent the same to the Trial Court in sealed cover. m.p.

(Gopal Prasad, J) U T