Abhimanyu Singh vs The State Of Bihar on 11 February, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.819 of 2011
                                    ABINASH SINGH
                                           Versus
                                THE STATE OF BIHAR
                                             with
                               Cr.Misc. No.827 of 2011
                                  ABHIMANYU SINGH
                                           Versus
                                THE STATE OF BIHAR
                                         -----------

02 11.02.2011 Both the above stated criminal miscellaneous

cases arise out of Bakhtiarpur P.S. Case No. 171 of 2010

registered under Sections 302/34, 447, 323, 324, 307, 504 of

the Indian Penal Code and 27 of the Arms Act and

accordingly, both the above stated petitions are being disposed

of by this common order.

There is specific allegation against the petitioner

in Cr. Misc. No. 827 of 2011 that he gave one axe blow to the

informant’s father, as a result, of which informant’s father

sustained head injury and died in course of his treatment. So

far as petitioner in Cr. Misc. No. 819 of 2011 is concerned,

allegedly, he assaulted the informant’s brother with iron rod,

as a result, of which informant’s brother sustained injury on

his head.

Learned counsel for the petitioners drew my

attention towards the impugned order of learned Additional

Sessions Judge and submitted that the injury report of

informant’s brother has not been collected by the Investigating

Officer though he has already submitted charge sheet and

therefore, it would be presumed that the informant’s brother
has received simple injury. He further submitted that so far as

petitioner in Cr. Misc. No. 827 of 2011 is concerned,

allegedly, he had given only one blow to the deceased and the

post mortem report of the deceased reveals that lacerated

wound was found on the dead body of the deceased. So in the

aforesaid circumstance only Section 304 of the Indian Penal

Code is attracted against the petitioner in Cr. Misc. No. 827 of

2011.

Considering the aforesaid facts and

circumstances as well as submissions of the parties petitioner

in Cr. Misc. No. 819 of 2011, namely, Abinash Singh is

directed to be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount

each to the satisfaction of Chief Judicial Magistrate, Saharsa in

connection with above stated Bakhtiarpur P.S. Case No. 171 of

2010.

So far as the prayer for bail of petitioner in Cr.

Misc. No. 827 of 2011 is concerned, the same stands rejected.

Shahzad                        (Hemant Kumar Srivastava, J )