Raj Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38606 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -KHARIK District- BHAGALPUR ======================================================

1. Raj Kamal S/o Bishnukant Biswashi @ Pran Mohan Mandal @ Umesh Mandal, R/o Vill.- Raghopur, P.S.- Parbatta, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shally Kumari For the Opposite Party/s : Mr. Ajay Kumar I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody seeks bail in Kharik PS Case No. 239 of 2017 registered under Sections 328 and 302/34 of the IPC.

The allegation in brief is that for dispute relating to land the accused persons assaulted the informant's father with lathi and danda and it is further alleged that the accused persons including the petitioner put thymate in his mouth as a result of which he died. Learned Counsel for the petitioner submits that the petitioner has been implicated due to land dispute, post mortem report of the deceased shows no injury on his person though the allegation is that the accused persons assaulted him indiscriminately with lathi and danda, however wife of the deceased has stated during investigation, which is also referred in the impugned order, that the accused persons assaulted, thereafter he returned back to home and himself consumed poison and the petitioner has no criminal antecedent. Having considered the said facts and circumstances, the petitioner, namely, Raj Kamal is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.38606 of 2018 (2) dt.04-07-2018 sureties of the like amount each to the satisfaction of ACJM II Navgachiya in connection with Kharik PS Case No. 239 of 2017. (Arun Kumar, J) Snkumar/- U T