High Court Patna High Court - Orders

Kunj Bihari Paswan &Amp; Anr vs State Of Bihar on 19 January, 2011

Patna High Court – Orders
Kunj Bihari Paswan &Amp; Anr vs State Of Bihar on 19 January, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CR. APP (DB) No.1241 of 2010
                      1. KUNJ BIHARI PASWAN
                      2. RAJ KUMAR PASWAN
                                   Versus
                             STATE OF BIHAR
                                  -----------

03/ 19.01.2011 LCR has been received.

Both the appellants have been convicted under

Sections 147, 148, 302/149 & 364/149 of the IPC.

Counsel for the appellants submits that the

evidence of P.Ws. 1 to 4 shows that deceased was assaulted

with lathi, Garasa and pistol, while being taken away by

accused persons, has not been supported by the medical

evidence and the evidence of P.W. 5, who has conducted the

post-mortem of the deceased. Post-mortem report discloses

only one injury, caused by throttling of the neck of the

deceased. No other external injury was found on the person

of the deceased, except swelling of the neck.

Considering these facts and also that no specific

overt act has been alleged against these two appellants,

prayer for bail on behalf of appellants, namely, Kunj Bihari

Paswan and Raj Kumar Paswan is allowed. During the

pendency of this appeal, they are directed to be released on

bail on furnishing bail bond of Rs.10,000/- (ten thousand)
2

each with two sureties of the like amount each to the

satisfaction of Additional Sessions Judge I, Jehanabad in

connection with Sessions Trial No. 309 of 1995/07 of 2000.

Realization of fine shall remain stayed.

(Mridula Mishra, J.)

(Dharnidhar Jha, J.)
DKS/