In an original criminal special summons holding regarding bail, the Patna High Court fixed a bail bond and directed release of the petitioner on bail in a case of assault causing death.
Petitioner ordered to be released on bail upon furnishing a bond of Rs. 10,000/- and two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.22386 of 2014 (03) dt.06-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22386 of 2014
Arising Out of PS.Case No. -68 Year- 2014 Thana -HISUA District- NAWADA
====================================================== Arvind Kumar @ Arvind Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar-Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03 06-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor
Informant Murari Singh, his brother Rakesh Kumar @ Bipin Singh (deceased) along with his co-villagers had gone to participate at the marriage ceremony of daughter of Arvind Singh (petitioner). After taking meal, they all have stayed to witness Orchestra programme, wherein commotion erupted. His brother along with others tried to pacify the same and during course thereof, he heard scream of his brother over which he along with his co-villager Manoj Singh, Vikash Kumar, Birendra Singh, Bablu Kumar, Mantu Kumar, Priyaranjan Kumar, Binod Prasad Sharma rushed and found Arvind Singh, Ashok Singh engaged in giving repeated ‘Chhura’ blow over head of his brother while others were assaulting with ‘lathi’ whom they have not identified.
Patna High Court Cr.Misc. No.22386 of 2014 (03) dt.06-08-2014
They have tried to lift deceased for medical aid, however, became
dead.
It has been submitted on behalf of petitioner that neither the occurrence as alleged had taken place nor the petitioner along with Ashok Singh had ever assaulted the victim with ‘Chhura’. It has further been submitted that during course of Orchestra programme, there was commotion and during course thereof, victim sustained assault at the hands of Barati Party resulting his death, but out of calumniation, such kind of allegation has been leveled. It has further been submitted that post mortem was conducted and para-52 thereof, discloses presence of
external injury as
2. Lacerated injury over left parietal region of scalp 3”x1/ 2”x bone-deep.
3. Lacerated injury over forehead (hairline) 1”x 1/ 4”. 4. Bruise on right wrist joint 3” x 3”.
On dissection, blood and blood clots were present
beneath the scalp at left parietal frontal area, skull cavity containing blood and blood clots, heart empty, stomach contents semi digested material and the cause of death have been shown as shock and haemorrhage due to above mentioned injury caused by hard and blunt substance. Not only this, it has also been submitted that informant’s nephew Vikash Kumar, who happens to be the
Patna High Court Cr.Misc. No.22386 of 2014 (03) dt.06-08-2014
proprietor of Orchestra and was present at the spot and whose presence was also found in the written report had clearly narrated that on account of commotion, he left the place and after ten minutes when he returned back, he had seen his uncle Rakesh Kumar lying near a wall and was unconscious and further some persons of ‘Barati Party’ were assaulting and that happens to be statement of other witnesses under paras-16, 17, 18, 19, 20, 31, 32 and 33. It has also been submitted that petitioner happens to be under custody since 09.03.2014.
On the other hand, learned Additional Public Prosecutor opposed the prayer and submitted that informant is an eye witness to occurrence who along with others had seen petitioner along with Ashok Singh giving repeated ‘Chhura’ blow over head of deceased while others engaged in assaulting deceased with lathi. It has also been submitted that save and except Vikash Kumar, none other have been examined being co-villager of the deceased and whose name transpires in the written report itself. However, fairly concedes that chargesheet has already been submitted against the petitioner as well as the nature of evidence collected by the I.O. during course of investigation apart from finding of post mortem report.
Accordingly, petitioner Arvind Kumar @ Arvind Singh
Patna High Court Cr.Misc. No.22386 of 2014 (03) dt.06-08-2014
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 the learned Chief Judicial Magistrate, Nawada in connection with Hisua P. S. Case No.68 of 2014.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the appealрев petition challenging trial court conviction?
Arvind Kumar @ Arvind Singh
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
