This oral order granted bail to petitioners accused of murder and culpable homicide. The court relied on discrepancies in injury reports and prior bail of another co-accused to justify release.
Release of petitioners on bail with a bond of Rs.10,000 each and two sureties of similar amount.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24112 of 2015
Arising Out of PS.Case No. -85 Year- 2014 Thana -BARURAJ District- MUZAFFARPUR ====================================================== 1. Shatrughan Singh @ Shatrudhan Singh, Son of Late Ramashray Singh 2. Sarbesh Kumar @ Sarvesh Kumar, Son of Shatrughan Singh Both resident of village – Bangari, P>S. Baruraj, District – Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandan For the Opposite Party/s : Mr. Ajay Kumar 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 19.01.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The prosecution case is that both the petitioners along with Brajesh and Kalawati Devi assaulted with lathi and rod to the husband of the informant. Subsequently, the
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husband of the informant succumbed to the injuries.
It is submitted by learned counsel for the petitioners that the petitioner Shatrughan Singh has two sons, namely, Brajesh and Sarbesh and Kalawati Devi is the wife of petitioner no. 1 Shatrughan Singh, hence, all the family has been roped in. The petitioner no. 1 Shatrughan Singh and deceased Birendra Singh are own brothers and in the background of land dispute the accusation has been levelled.
The accusation of assault has been levelled against four persons whereas the inquest report suggests one injury but the doctor during post-mortem found two injuries; one abrasion on the on the left side of forehead and other hamaetoma. Thus the accusation is not being corroborated with the medical opinion and similarly situated co-accused Brajesh Kumar has been granted bail vide Cr. Misc. No. 49304 of 2014.
A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the fact that the accusation being not corroborated with the medical opinion and the investigation being concluded, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of
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learned Sub-divisional Judicial Magistrate (West), Muzaffarpur in
connection with Baruraj P.S. Case No. 85 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether petitioners accused under Section 302/34 IPC should be released on bail given non-corroboration of medical opinion and lack of criminal antecedents.
2 provisions across 1 enactments
Shatrughan Singh @ Shatrudhan Singh
Sarbesh Kumar @ Sarvesh Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
