IN THE HIGH COURT OF JUDICATURE AT PATNA
CR APPL (DB) No 136 of 2011
Bipin Rai @ Bipin Roy
Versus
The State Of Bihar
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4 25.07.2011 Pursuant to order dated 31.03.2011, the records were
sent to Court below for examination of the Investigating Officer and
the Doctor and bringing on record the inquest report. The lower
Court, complying with the order of this Court and after recording the
evidence, has sent back the records and, as such, the matter is listed
for consideration of bail.
On behalf of appellant, it is submitted that the consistent
prosecution stand is that it is the appellant who had shot the
deceased in the lower abdomen causing injury in his chest. Mr
Akhileshwar Prasad Singh, learned Senior Advocate draws attention
of this Court to the post mortem report where there is no suggestion
that any of the injury was a bullet injury. The Doctor, who has not
been examined, who conducted the post mortem, admits that the
injury, which is mentioned, could be caused by a sharp object and
was a penetrating wound. He further submits that if it was a bullet
injury then either there could be an entry and an exit point which
was not there. If there was only entry point then pellet/bullet should
have been recovered from the body which was again not there.
Thus, he submits that the medical evidence does not corroborate the
consistent ocular evidence throwing suspicion about the prosecution
story.
Be that as it may, the appellant abovenamed is directed
2
to be released on bail on his furnishing bonds of Rs 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of Additional Sessions Judge, Fast Track Court No
V, Jamui in Sessions Trial No 354 of 1999/137 of 2009.
M.E.H./ (Navaniti Prasad Singh)
(Ashwani Kumar Singh)