High Court of Patna granted bail to two accused petitioners in a fatal assault case arising from a land dispute, subject to furnishing a bail bond and sureties.
Released on bail by furnishing a bond of Rs.10,000/- with two sureties of equivalent amount each.
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Patna High Court Cr.Misc. No.17597 of 2015 (03) dt.24-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17597 of 2015
Arising Out of PS.Case No. -15 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR
====================================================== 1. Basudeo Ram 2. Bhag Narain Ram .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh-Advocate For the Opposite Party/s : Mr. Raj Kishor Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03 24-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.
As the prosecution party resisted over putting thatched wall over the land regarding which dispute was going on by the accused persons. It has been alleged that all the accused persons so named therein including these two petitioners armed variously came and began to assault Raj Kumar. Informant, Vijay Rai gone in his rescue and during said course was assaulted by Lalan Ram with Dab. Then thereafter, Seema Kumari, Suman Kumari, Lalti Devi, Sumitra Devi and Yashoda Devi assaulted him with lathi. Raj Kumar was assaulted by Bharat Ram, Bhagya Narain Ram, Basudeo Ram, Mangal Ram with lathi. During midst thereof, Harishchandra Ram gave pestle blow over head of Raj
Patna High Court Cr.Misc. No.17597 of 2015 (03) dt.24-06-2015
Kumar, on account of which he fell down and subsequently, died.
From the injury report, it is apparent that informant had sustained only two injuries, (1) Sharp cut injury on middle of scalp 2 ½” x ¼” x ¼” muscle deep, (2) Abrasion on right index finger ¼” x ¼”, both the simple and in likewise, post mortem report speaks presence of single ante-mortem injury lacerated wound 2” x 1” on back of head. On opening of skull cavity, there was fracture of occipital bone and haematoma was present and for that, exclusively Harishchandra Ram has been alleged.
Accordingly, petitioners, Basudeo Ram and Bhag Narain Ram each are 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 Sub-divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P. S. Case no.15 of 2015.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
1 issue framed by the court
Whether to grant bail to the petitioners involved in a fatal assault case pending in a police station case.
Basudeo Ram
Bhag Narain Ram
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
