Allowed

Gandhi Paswan and Anr. v. The State Of Bihar

Patna HC30 Oct 2015CR. MISC./31502/2015

Case brief

AI extract

What is this about?

The High Court of Patna enternal injuries at the deceased there was no external injury on the head of the deceased and the cause of death is being said to be heart failure. The postmortem report do not support the allegation made in the FIR. It is the finger based on the post-mortem report. The court granted bail furnishing bail bond

What did the court decide?

Release on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount to the C.J.M., West Champaran at Bettiah.

Gandhi Paswan and Anr. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.31502 of 2015 Arising out of PS.Case No. -41 Year- 2015 Thana -CHANPATIA District- WEST CHAMPARAN(BETTIAH) ====================================================== 1. Gandhi Paswan, son of Sri Bipat Paswan. 2. Mahatam Paswan, Son of Sri Bipat Paswan. Both residents of VillageBhaisahi, Mahapatra tola, P.s Chanpatia, District West Champaran. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 30-10-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are languishing in custody since 01.04.2015 in connection with Chanpatia P.S. Case No. 41 of 2015 for the offences instituted under Sections 147, 148, 149, 341, 323, 324, 307, 302, 452 and 380 of the IPC. The prosecution story, in brief, is that on 06.03.2015, at about 3.00 A.M., in the night, the informant’s co-villagers, namely, the petitioner Gandhi Paswan, Shivnath Paswan, Raghunath Paswan, the petitioner Mahatam Paswan, Birbal Paswan, Raj Kishore Paswan, Ajay Paswan, Arjun Paswan, Brajesh Paswan, Rajesh Paswan, all armed with Farsa , Bhala ,

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Patna High Court Cr.Misc. No.31502 of 2015 (3) dt.30-10-2015

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Lathi-Danda , entered into his house and started committing marpit with women and also committing loot-pat. On alarm raised by women, the informant and others went there running and then the petitioner Gandhi Paswan started assaulting the informant’s father by means of Lathi , in the result, he fell down injured and when the informant ran to save him, they badly assaulted him. They ransacked and looted away all the household articles. They made his wife almost naked, and gave out threatening of direconsequences. His father died during the course of treatment at M.J.K. Hospital.

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It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners are in custody since 01.04.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioners. As per prosecution case, the petitioner no. 1 is said to have assaulted with Lathi upon the head of the deceased and as far as petitioner no. 2 is concerned, there is general and omnibus allegation against him. From perusal of Annexure-2 which is postmortem report it would appear that there is no external injury on the head of the deceased and the cause of death is being said to be heart failure. The postmortem report do not support the allegation made in the FIR.

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Patna High Court Cr.Misc. No.31502 of 2015 (3) dt.30-10-2015

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On behalf of the State it has been submitted that the

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petitioners are named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah in connection with Chanpatiya P.S. Case No. 41 of 2015.

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U.K./U T

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(Sudhir Singh, J)

Gandhi Paswan and Anr. v. The State Of Bihar

Case brief

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Gandhi Paswan and Anr. v. The State Of Bihar

Case brief

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