IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1256 of 2010
RAGHO TIWARI & ANR
Versus
STATE OF BIHAR
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2/ 29.10.2010 This appeal will be heard.
Call for the lower court records from the court of Additional
Sessions Judge cum FTC 3, Saran at Chapra.
Both the appellants have been convicted under sections
302/148 of the IPC.
Counsel for the appellants submits that in the FIR, the names
of these appellants were not mentioned as the assailants of the deceased.
So far P.W. 1 is concerned, he has named these two appellants as
persons causing injury giving dagger blows to the deceased Paras
Tiwari but the medical report does not corroborate such allegation. It is
also submitted that P.W. 1 had not been examined by the IO during
investigation.
Considering these facts, prayer on behalf of the appellants for
bail is allowed. During the pendency of the appeal, let appellants Ragho
Tiwari and Nagendra Tiwari 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 Additional Sessions Judge cum FTC
3, Saran at Chapra in S.T. No. 25 of 1994. Realization of fine shall
remain stayed.
Anil/
(Mridula Mishra, J.)
( Dharnidhar Jha, J.)