IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21231 of 2011
Raju Sah
Versus
The State Of Bihar
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02/ 25.07.2011 Supplementary affidavit is filed on behalf of the
petitioner.
Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
There is specific allegation against the petitioner that he
along with two co-accused persons, namely, Sunil Sah and Bhushi
Sah mercilessly assaulted the deceased with iron rod as a result of
which deceased sustained injury and died in course of his treatment.
Learned counsel for the petitioner drew my attention
towards annexure 4 of supplementary affidavit and submitted that
only one head injury has been found on the person of the deceased
and furthermore, alleged occurrence did not take place in a
preplanned manner rather sudden altercation took place between the
parties as a result of which alleged occurrence took place as per
prosecution case itself. It is also contended by him that after death
of the deceased when fardbeyan of the son of deceased was
recorded he stated that several persons assaulted his father with
lathi and iron rod.
Taking into consideration the above stated facts and
circumstances as well as submissions of the parties, particularly,
this aspect of the matter that deceased sustained only one head
injury, let the petitioner, Raju Sah, be released on bail on furnishing
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bail bonds of Rs 10,000/- with two sureties of the like amount each
to the satisfaction of the Addl. Sessions Judge IV, Chapra in
Sessions Trial no. 369/2011 arising out of Taraiya P.S. Case no.
13/2011.
shahid (Hemant Kumar Srivastava,J)