Osihar Rai @ Osiyar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39948 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -HATHUA District- GOPALGANJ ====================================================== Osihar Rai @ Osiyar Rai Son of Rama Rai Resident of Village-chainpur ,P.s Hathuwa, dist-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in a case instituted under Sections 341, 323, 324, 307, 302, 379, 385 and 504/34 of the Indian Penal Code.

Allegation against the petitioner is that he gave iron rod blow on the head of the brother of the informant. Later on, he (brother of the informant) died in course of treatment. It has been submitted on behalf of the petitioner that he is in custody since 6.3.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, there is allegation of a single blow by iron rod on the head of the deceased. There is no repetition of assault alleged against the petitioner. Earlier a case was instituted for offence under Section 307 of the Indian Penal Code and after a period of 12 days in course of treatment deceased has succumbed to injury and thereafter Section 302 of the Indian

Patna High Court Cr.Misc. No.39948 of 2015 (3) dt.13-10-2015 2 / 2 Penal Code has been added. It is further submitted that petitioner may be released after completion of one year in custody from 6.3.2015.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R. and there is specific allegation of assault against him.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of one year in custody from 6.3.2015 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-IIIrd, Gopalganj, in connection with S. Tr. No. 279 of 2015 arising out of Hathuwa P.S. Case no. 30 of 2015.

(Sudhir Singh, J) sudip/- U T