The High Court at Patna granted bail to the petitioner in a murder and atrocities case involving allegations of assault leading to death. The court considered the post-mortem report indicating cardiac arrest without external injuries.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties.
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.16232 of 2020
Arising Out of PS. Case No.-1 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua)
======================================================
Naushad Alam Son of Late Lallan Mian Resident of Village - Ramgarh, Post Office- Umapur, P.S.- Bhagwanpur, District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Pathak For the Opposite Party/s : Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 21-05-2020
Heard Mr. Rajesh Kumar Pathak, the learned counsel
for the petitioner, and Mr. Sanjay Kumar Singh, the learned APP.
The petitioner seeks bail in SC/ ST Reg. No. 01/2020, arising bout of Bhagwanpur P.S. case No. 01/2020, registered under Section 302/34 of the Indian Penal Code, u/s 3(2) (S) of SC/ ST Act and u/s 37(i) (ii) of Bihar Prohibition & Excise Act, 2018.
The informant alleged that his father was standing at his Darwaja. Gulzar Alam and petitioner came near his Darwaja and began to abuse. When the father of the informant asked them not to abuse, the accused persons caught his collar and put him down on the ground. The accused persons are further
Patna High Court CR. MISC. No.16232 of 2020(3) dt.21-05-2020 2/3
alleged to have assaulted the deceased with leg on his scrotum. The deceased died on the spot.
The learned counsel for the petitioner submits that on the last date the case was adjourned to get the post mortem report. Mr. Rajesh Kumar Pathak, the learned counsel for the petitioner, submits that he has perused the post mortem report. The doctor did not find any external or internal injury on the body of the deceased. The deceased died of cardiac arrest on account of heart attack.
The learned APP, however, opposed the prayer for
bail.
Perused the FIR.
It appears that petitioner and one another persons are alleged to have caught the collar of the deceased and put him down on the ground. They are alleged to have assaulted the deceased on his testicle but no external on internal injury was found. The learned counsel for the petitioner, after perusing the post mortem report, submits that no external or internal injury was found on the body of the deceased. The deceased died of cardiac arrest. The petitioner is in custody since 02.01.2020.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above
Patna High Court CR. MISC. No.16232 of 2020(3) dt.21-05-2020 3/3
named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge (SC/ST Act), Kaimur at Bhabua in connection with SC/ ST Reg. No. 01/2020, arising out of Bhagwanpur P.S. case No. 01/2020.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case involving murder and atrocities under the SC/ST Act.
3 provisions across 3 enactments
Naushad Alam
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
