Patna High CourtCR. MISC./27415/2015bail granted

Mukesh Rishi @ Lelhna @ Lahera And ORS v. The State Of Bihar

2015-08-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27415 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Mukesh Rishi @ Lelhna @ Lahera Son of Baleshwar Rishi

2. Banti Rishi Son of Baleshwar Rishi

3. Baleshwar Rishi Son of Late Budha Rishi

4. Bablu Rishi@Kalwa Son of late Sibu Rishi

5. Tejpal Rishi Son of late Chhagunilal Rishi

6. Prem Lal Rishi@Prem Lal Son of late Budhu lal Rishi

7. Jitu Rishi Son of late Shiva Rishi All are resident of Village - Rasulganj Mushari Tola, Police Station- Kochadhamam in the district of Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2015 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The accusation against the petitioners is that they assaulted the deceased with Lathi, as a result of which, the deceased died.

Learned counsel for petitioners drew my attention towards Annexure-2 to the supplementary affidavit and submitted that the postmortem report of the

Patna High Court Cr.Misc. No.27415 of 2015 (2) dt.07-08-2015 2/2 deceased reveals that no external injury was found on the person of the deceased and the doctor could not ascertain the cause of death of the deceased. It is contended on behalf of the petitioners that the postmortem report of the deceased completely demolishes the prosecution story. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kochadhaman P.S. Case No. 20 of 2015 to the satisfaction of Chief Judicial Magistrate, Kishanganj.

(Hemant Kumar Srivastava, J) A.K.V./- U T