IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1241 of 2010
1. KUNJ BIHARI PASWAN
2. RAJ KUMAR PASWAN
Versus
STATE OF BIHAR
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03/ 19.01.2011 LCR has been received.
Both the appellants have been convicted under
Sections 147, 148, 302/149 & 364/149 of the IPC.
Counsel for the appellants submits that the
evidence of P.Ws. 1 to 4 shows that deceased was assaulted
with lathi, Garasa and pistol, while being taken away by
accused persons, has not been supported by the medical
evidence and the evidence of P.W. 5, who has conducted the
post-mortem of the deceased. Post-mortem report discloses
only one injury, caused by throttling of the neck of the
deceased. No other external injury was found on the person
of the deceased, except swelling of the neck.
Considering these facts and also that no specific
overt act has been alleged against these two appellants,
prayer for bail on behalf of appellants, namely, Kunj Bihari
Paswan and Raj Kumar Paswan is allowed. During the
pendency of this appeal, they are directed to be released on
bail on furnishing bail bond of Rs.10,000/- (ten thousand)
2
each with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge I, Jehanabad in
connection with Sessions Trial No. 309 of 1995/07 of 2000.
Realization of fine shall remain stayed.
(Mridula Mishra, J.)
(Dharnidhar Jha, J.)
DKS/