Shekh Nesar @ Shekh Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48352 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== Shekh Nesar @ Shekh Nasir S/O Shekh Munshi R/O Village- Akbarpur, P.S.- Rohtas, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary as well as postmortem report of the deceased.

The petitioner is in custody in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted to the father of the informant, namely, Shekh Yunus who succumbed to the injury.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that according to the postmortem report, it appears that the doctor opined the cause of death of the deceased may be due to cardiogenic shock and haemorrhage shock. However, final

Patna High Court CR. MISC. No.48352 of 2022(3) dt.12-01-2023 2/2 opinion can be given duly after receipt of the viscera examination of the deceased. He further submits that the cause of death is not due to assault and the postmortem report is not in consonance with the prosecution case. Petitioner is in judicial custody since 08.04.2022.

Learned APP appearing for the State has vehemently opposed the prayer for regular bail of the petitioner and submitted that cause of death of the deceased due to cardiogenic shock.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. 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 learned Additional Sessions Judge-IX, Rohtas at Sasaram in connection with Sessions trial No. 292 of 2022 arising out of Rohtas P.S. Case No. 97 of 2022. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T