The Patna High Court granted bail to a petitioner charged under various sections of the IPC in a lathigrihal case involving death of the victim, directing the furnishing of bail bonds.
Release on bail on furnishing bonds of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.603 of 2014
====================================================== Baidyanath Sahni S/O Hari Kishun Sahni R/O Village Chakka, P.S. Baheri, District Darbhanga. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-01-2014 Heard learned counsels for the petitioner and the S tate.
The petitioner is languishing in custody since 0 4.08.2013 in a case registered for the offences punishable u nder Sections 147, 148, 149, 341, 323, 307 and 504 of the I ndian Penal Code. Subsequently Section 302 of the IPC was a lso added.
The accusation against the petitioner and eight others
is of assaulting the father of the informant by lathi when the victim succumbed to the injury. The post-mortem report brought on record as Annexure-3 does not reflect any external injury. However, Haematoma was found on frontal, temporal and parietal region.
It is submitted by learned counsel for the petitioner that there is counter version of the occurrence also and the
Patna High Court Cr.Misc. No.603 of 2014 (2) dt.27-01-2014
2
victim fell down when he was pacifying the fight between the parties.
parties.
A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 94 of 2013.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether the petitioner deserves to be released on bail in a case involving serious offences including murder and assault.
Whether the absence of external injury in the post-mortem report is relevant for granting bail.
2 provisions across 1 enactments
Baidyanath Sahni
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
