IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7188 of 2011
1. Shambhu Bind, S/O-Ram Khelawan Bind
2. Mantu Bind, S/O-Mahesh Bind
3. Chhotu Bind, S/O-Mahesh Bind
Versus
The State Of Bihar
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03 22.07.2011 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
According to prosecution case itself, on the alleged date
of occurrence informant as well as deceased were talking near their
houses. The petitioners and some other first information report named
accused persons came there and beaten the deceased and after that the
deceased was taken to the hospital where he died in course of his
treatment.
The contention of learned counsel for the petitioners is
that the deceased was a drunkard and, as a matter of fact, on account
of excess drinking he developed some complications and he was
brought to the hospital where his operation was done and after that he
died and after the death of the deceased informant lodged this false
case implicating the petitioners and other accused.
The content of post-mortem report has been
incorporated by the Investigating Officer at Para-53 of the case diary
and submission of learned counsel for the petitioners appears to be
true from perusal of content of post-mortem report. Moreover,
admittedly, at the time of the alleged occurrence petitioners were
unarmed and it is stated that they assaulted the deceased with fists and
slaps.
2
Considering the aforesaid facts and circumstances as
well as submissions of the parties, let the petitioners be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No.
215 of 2010.
SHAHZAD ( Hemant Kumar Srivastava, J.)