Umesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.42432 of 2015 (6) dt.17-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42432 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Umesh Kumar son of Harisagar Mukhiya, resident of villageRupanchhap, P.S. Barauli, Distt. Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Shrivastwa For the Opposite Party/s Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 17.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is said to have given dagger blow causing injury on the chest of the informant's father. Furthermore, it is stated that the petitioner and other accused assaulted other persons also but in the case diary, only one injury report has been incorporated at para 31 of the case diary and said injury report relates to the informant's father. The aforesaid para 31 of the case diary shows that one injury was found on the chest of the injured and opinion regarding the aforesaid injury was kept reserved.

It is surprising enough that the Investigating officer submitted charge sheet under section 307 and other minor sections of the Indian Penal Code without obtaining complete injury report. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on

Patna High Court Cr.Misc. No.42432 of 2015 (6) dt.17-12-2015 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Barauli P.S. Case no. 76/2015.

shahid (Hemant Kumar Srivastava,J) U T