IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1016 of 2010
DEO DATTA MISHRA & ORS
Versus
STATE OF BIHAR
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2/ 27.8.2010 This appeal will be heard.
Call for the lower court records of S.T. No. 128 of 1994
from the court of Ist Additional Sessions judge, Katihar.
All the three appellants have been convicted under
sections 302/34 of the IPC and section 27 of the Arms Act.
Counsel for the appellants submits that five accused
persons faced the trial with similar allegation and two of them
were acquitted. Trial court also recorded a finding that there is no
direct evidence nor any witness saw the occurrence when the
accused persons killed the deceased but, just after the occurrence,
they heard the sound of firing. It is further submitted that
considering these facts, the two other accused persons have been
acquitted.
Considering these facts, prayer for bail of the appellants
is allowed. During the pendency of this appeal, let appellants Deo
Datta Mishra, Dilip Mishra alias Dilip Kumar Mishra and Ranjit
Sah be released on bail on furnishing bail bond of Rs.10000/(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the Ist Additional Sessions judge, Katihar in S.T.
2
No. 128 of 1994. Realization of fine shall remain stayed.
Anil/
(Mridula Mishra, J.)
( Dharnidhar Jha, J.)