IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.470 of 2008 MINTU SINGH Versus THE STATE OF BIHAR -----------
3 7.7.2008 Heard learned counsel for the appellant, learned counsel
for the State and learned counsel for the informant in respect of
appellant’s prayer for bail.
It has been submitted on behalf of the appellant that out of
12 persons put on trial, 11 have been acquitted on account of
disbelieving the prosecution case which include an allegation that
the deceased was dragged by all the accused persons out of his
Dalan and then shot in the open by this appellant. It has further been
submitted that occurrence took place in the night hours and the
medical evidence is only of the doctor who conducted the
postmortem examination and not of the two other doctors who
initially examined the deceased or conducted surgical operation on
his neck. It has further been subsmitted that the finding of the
doctor conducting postmortem does not explain how two injuries
had been sustained on the neck which were stitched and the length
of the injuries were 5″ and 2 ½ “.
Considering the aforesaid submissions only for the
purpose of bail, the prayer for bail is allowed. During pendency of
this appeal, let appellant, Mintu Singh, be released on bail on
furnishing bail bond of Rs.10000/- with two sureties of the like
amount each to the satisfaction of the trial court i.e. Addl. Sessions
-2-
Judge FTC V, Sheikhpura in Session Case No.284/2006/ Trial
No.32/2008.
(Shiva Kirti Singh, J.)
(Abhijit Sinha, J.)
sk