Raman Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.116 of 2017 Arising Out of PS.Case No. -483 Year- 2012 Thana -NAWADA District- NAWADA ======================================================
1. Raman Kumar
2. Shivesh Kumar Both sons of Sri Anirudh Prasad Singh resident of mohalla Shiv Nagar, Nawadah, P.S. Nawadah, District Nawadah. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Md.Imteyaz Ahmad, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 The appellants seek bail in connection with Nawadah Town P.S. case No.483 of 2012 registered for offences punishable under Sections 307, 341, 323, 447, 302/34 of the Indian Penal Code and Sections 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation, as per F.I.R. against the appellants, is that they along with other accused persons went to the roof of the deceased and they had assaulted the deceased by the cricket bat, due to which he received injuries and later on the deceased died. It has been submitted on behalf of the appellants that the F.I.R. itself shows that scuffle would take place between the accused and the deceased and in which the deceased fell down from the roof and died and there was no intention of the appellants
Patna High Court CR. APP (SJ) No.116 of 2017 (4) dt.20-06-2017 2/2 to murder of the deceased. Now he has remained in custody for about eight months. It further appears that death is caused due to shock and haemorrhage as a result of injury No.3. Heard learned Special P.P. also.
Having heard both sides, in view of the facts and circumstances of the case, this appeal is allowed and impugned order is set aside. Let the appellants, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rs. Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Nawadah in connection with Nawadah Town P.S. case No.483 of 2012. (Vinod Kumar Sinha, J) Narendra/- U T