IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.122 of 2011
RAM BILASH CHOUDHARY
Versus
THE STATE OF BIHAR
-----------
03/ 25.04.2011 Earlier, the appeal is admitted for
hearing and it is directed that prayer for
bail shall be considered after receipt of the
lower court records by order dated 25.02.2011.
The lower court records has been
received and the appellant has prayed for
bail.
It has been submitted that the
allegation was that the assault was by means
of fists, slaps and Lathi which resulted into
death. Further submission is that the post-
mortem report has not been brought on record
due to non-examination of the doctor and so
the cause of death could not be ascertained.
It has also been submitted that most of the
witnesses have been declared hostile but the
investigating officer has also not been
examined so, the appellant was prejudiced.
Considering the facts and
circumstances of the case, the appellant
namely, Ram Bilash Choudhary, during pendency
of the appeal, is directed to be released on
bail on furnishing bail bond of Rs. 10,000/-
2
(ten thousand) with two sureties of the like
amount each to the satisfaction of Shri Om
Prakash-IV, learned Additional Sessions Judge,
Fast Track Court No. IV/his successor court,
Khagaria in connection with Sessions Case No.
340 of 2004/Sessions Trial No. 132 of 2010.
Realization of fine during the
pendency of this appeal against the above
named appellant shall remain stayed.
(Shyam Kishore Sharma, J.)
kksinha/- (Gopal Prasad, J.)