Allowed

Ram Raj Rai @ Ram Raj Singh v. The State Of Bihar

Patna HC14 Aug 2014CR. MISC./21764/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to Ram Raj Rai in a case involving the death of Dashrath Ram during an altercation at a wine shop. The court noted the disputed evidence regarding the weapon used and the internal nature of the fatal injury.

What did the court decide?

The petitioner is directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties.

Ram Raj Rai @ Ram Raj Singh Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.21764 of 2014

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Arising Out of PS.Case No. -37 Year- 2014 Thana -DIGHA District- PATNA ====================================================== Ram Raj Rai @ Ram Raj Singh son of Late Harbans Rai resident of Mohalla - Back of Polson Durga Nagar, P.S. - Digha, District - Patna. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dudh Nath Singh, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 14-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State.

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While consuming wine in the shop, deceased Dashrath Ram was abused by calling his caste name followed with assault by the rod by Ram Raj Rai @ Ram Raj Singh, Toofani and Sahay Rai on account of which deceased was treated by the local doctor, namely, Dr. Keshwar. However, deceased died.

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It has been submitted on behalf of the petitioner that all the witnesses whoever were examined during course of investigation including the informant during course of further statement have stated that at the time of consuming wine both the parties indulged in altercation joined by Toofani and then assault was made, although, some of them have stated there were push

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Patna High Court Cr.Misc. No.21764 of 2014 (3) dt.14-08-2014

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and pull due to which deceased fell down and consequent thereupon, neither it could be said that there was an intention to commit murder nor assault was made knowing fully well that by such assault death may happen. It has further been submitted that although during course of postmortem ante-mortem injuries have been found over the upper part of body of deceased, however, during dissection the spleen was found ruptured which happens to be the cause of death for which there is no corresponding external injury to the exact location. As such, petitioner along with others could not be held responsible for causing injury over spleen. It has also been submitted that had there been proper medical facilities, the deceased would not have died.

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Now coming to the merit of the case, it has also been submitted that none of the witnesses has stated that petitioner had assaulted the deceased with iron rod. To be specific, none of the accused has been shown to have armed with rod and assaulted the deceased, apart from, the allegation on its face suggests omnibus. Furthermore, petitioner happens to be under custody since 12.03.2014.

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Learned APP opposed the prayer for bail and submitted that, true it is, the occurrence took place at wine shop while both the parties were engaged in drinking, on account of which

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Patna High Court Cr.Misc. No.21764 of 2014 (3) dt.14-08-2014

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deceased died on the following day after having been locally treated but the facts remain that the deceased died on account of rupture of spleen and for that all the three are responsible.

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Accordingly, Ram Raj Rai @ Ram Raj Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Miss Akansha Kashyap, Judicial Magistrate-1^st Class, Patna/Successor in the office in connection with Digha P.S. Case No. 37/14.

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(Aditya Kumar Trivedi, J)

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perwez

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U T

Ram Raj Rai @ Ram Raj Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ram Raj Rai @ Ram Raj Singh v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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