High Court Patna High Court - Orders

Raghunath Sah vs The State Of Bihar on 28 February, 2011

Patna High Court – Orders
Raghunath Sah vs The State Of Bihar on 28 February, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr.Misc. No.1636 of 2011
                  RAGHUNATH SAH, SON OF RAMNI SAH
                                   Versus
                          THE STATE OF BIHAR
                                     with
                         Cr.Misc. No.2722 of 2011
                         1. NAGENDRA SAH @ NARENDRA SAH
                                     2. DEVENDRA SAH
                                              Versus
                          THE STATE OF BIHAR
                                  -----------

03 28.02.2011 Both the above stated Cr. Misc. Cases arise out of

Piprahi P.S. Case No. 40 of 2010 registered under Sections 147,

148, 149, 379, 323, 307, 302 and 504 of the Indian Penal Code

and accordingly, both the above stated petitions are being

disposed of by this common order.

Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State assisted by

learned counsel for the informant.

There is allegation against petitioner in Cr. Misc. No.

1636 of 2011 that he assaulted the cousin brother of the informant

and he even did not touch the body of the deceased in course of

above stated occurrence.

So far as petitioners in Cr. Misc. No. 2722 of 2011

are concerned, allegedly, they assaulted the deceased with

different weapons.

In course of hearing, learned counsel appearing for

the informant points out that injured Umashankar has received

one injury on his head and the opinion regarding the aforesaid

injury has been kept reserved.

-2-

Allegedly, the aforesaid Umashankar was assaulted

with iron rod by the petitioner in Cr. Misc. No. 1636 of 2011

along with two other First Information Report named accused

persons and admittedly, only one injury has been found on his

head.

In view of the aforesaid facts and circumstances, let

the petitioner, namely, Raghunath Sah be released on bail on

furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

sureties of the like amount each to the satisfaction of Sub

Divisional Judicial Magistrate, Sheohar at Sitamarhi in

connection with above stated Piprahi P.S. Case No. 40 of 2010.

So far as petitioners in Cr. Misc. No. 2722 of 2011

are concerned, let the case diary along with post mortem report of

deceased of Piprahi P.S. Case No. 40 of 2010 be called for from

the court of Sub Divisional Judicial Magistrate, Sheohar at

Sitamarhi and list the above stated Cr. Misc. No. 2722 of 2011

after receipt of the same.

Shahzad                ( Hemant Kumar Srivastava, J.)