Anoj Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38181 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -KOTWA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Anoj Singh, Son of Late Ramrekha Singh

2. Om Prakash Singh, Son of Late Ramjeet Singh Both resident of village- Narullaha Bhatawaliya, P.S.- Sangrampur, DistrictEast Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard both sides.

The petitioners seek regular bail in a case registered under Section 302 and other sections of the Indian Penal Code. The informant alleged that some altercations took place with Guddu Singh but thereafter all the accused persons having armed with different weapons came and assaulted his father Satya Narayan Pandit and consequently his father died. Learned counsel for the petitioners submits that there is no specific allegation of assault against the petitioners. Satya Narayan Pandit died of cardiac respiratory failure. The doctor has found superficial injuries on different parts of the body of Satya

Patna High Court Cr.Misc. No.38181 of 2014 (3) dt.28-01-2015 2/3 Narayan Pandit. It is further submitted that on 14.04.2014, Satya Narayan Pandit was examined by Dr. S.M. Rohatgi and he complained that he fell down from stairs and got injuries as it would appear from Annexure-3, annexed with the supplementary affidavit.

On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submitted that from perusal of the inquest report itself it would appear that the deceased got multiple injuries.

On perusal of the records it appears that there is omnibus and general allegation of assault against the petitioners and other accused persons. From perusal of the post mortem report, it appears that some superficial injuries were found on different parts of the body of the deceased. The doctor has opined the cause of death as cardiac respiratory failure. From Annexure-3 of the supplementary affidavit, it appears that on 14.04.2014 the deceased was examined by Dr. S.M. Rohatagi and he complained of pain on account of falling from the stairs. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri R.K. Bharti, Judicial

Patna High Court Cr.Misc. No.38181 of 2014 (3) dt.28-01-2015 3/3 Magistrate 1st Class, Motihari in Kotwa P.S. Case No. 61 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T