IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.626 of 2010
RAM BISHUN GOPE & ANR
Versus
STATE OF BIHAR
with
CR. APP (DB) No.666 of 2010
JATAN KEWAT & ORS
Versus
THE STATE OF BIHAR
with
CR. APP (DB) No.673 of 2010
ASHOK GOPE
Versus
THE STATE OF BIHAR
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7. 27.8.2010 Lower court records have been received.
Heard counsels for the appellants, counsel for the
State and counsel for the informant on the bail prayer of the
appellants.
The appellants have been convicted for the
offences under Sections 364,120B,302/34 and 201 of the Indian
Penal Code.
Counsels for the appellant submit that the entire
prosecution case is based on circumstantial evidence as also not
on any direct evidence. P.W.2 who claims to have seen the
deceased in the company of the accused persons, being the
younger brother of the deceased, was supposed to have disclosed
this fact to his family members but the F.I.R. was instituted
against unknown. Subsequently this fact was also not disclosed
at the time of lodging of the F.I.R. which was lodged after two
days. Considering the submission and the evidence on record,
the prayer for bail of appellants is allowed.
2
Let them, namely, Ram Bishun Gope and Upendra
Gope( Cr. Appeal No. 626 of 2010), Jatan Kewat, Mantu Kewat
alias Mintu Kewat, Pintu Kewat alias Gulabi alias Pintu Kumar
(Cr. Appeal No. 666 of 2010) and Ashok Gope (Cr. Appeal No.
673 of 2010) be directed to be released, during pendency of
these appeals, on bail on furnishing bonds of Rs. 10,000/-( ten
thousand) each with two sureties of the like amount each to the
satisfaction of the trial court, i.e., the Additional Sessions Judge,
Patna City, in Sessions Trial No. 789 of 2007/789 of 2010.
Realisation of fine shall also remain stayed till
disposal of these appeals.
( Mridula Mishra, J.)
( Dharnidhar Jha, J.)
Kanth