IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1122 of 2010
KAPILESHWAR PANDEY & ORS
Versus
STATE OF BIHAR
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2. 23.9.2010. Admit the appeal.
Call for the Lower Court Record of Sessions Trial No.34 of
1996 from the court of Additional District & Sessions Judge-IV,
Muzaffarpur.
Appellants have been convicted under Sections 302/149 of
the IPC. Counsel for the appellants submits that the trial court has
recorded a finding that it was accused Tej Narain Pandey who
intentionally passed the tyre wheel of his cart on the head of Maheshwar
Pandey. So far as the present appellants are concerned they are held to be
the members of the unlawful assembly.
Considering the aforesaid facts, prayer for bail is allowed.
During the pendency of this appeal, let the three appellants, namely,
Kapileshwar Pandey, Satyendra Pandey and Uma Shankar Pandey be
released from custody on furnishing bond of Rs.10,000/-(ten
thousand)each with two sureties of the like amount each to the satisfaction
of Sri Bal Krishna Verma, Additional District & Sessions Judge-IV,
Muzaffarpur in Sessions Trial No.34 of 1996 arising out of Kanti P.S.Case
No.62 of 1995. The realization of fine shall remain stayed.
( Mridula Mishra,J. )
B.Kr. ( Dharnidhar Jha, J.)