High Court Patna High Court - Orders

Shambhu Bind & Ors vs The State Of Bihar on 22 July, 2011

Patna High Court – Orders
Shambhu Bind & Ors vs The State Of Bihar on 22 July, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.7188 of 2011
                         1. Shambhu Bind, S/O-Ram Khelawan Bind
                             2. Mantu Bind, S/O-Mahesh Bind
                             3. Chhotu Bind, S/O-Mahesh Bind
                                            Versus
                                    The State Of Bihar
                                          -----------

03 22.07.2011 Heard learned counsel for the petitioners as well as

learned Additional Public Prosecutor for the State.

According to prosecution case itself, on the alleged date

of occurrence informant as well as deceased were talking near their

houses. The petitioners and some other first information report named

accused persons came there and beaten the deceased and after that the

deceased was taken to the hospital where he died in course of his

treatment.

The contention of learned counsel for the petitioners is

that the deceased was a drunkard and, as a matter of fact, on account

of excess drinking he developed some complications and he was

brought to the hospital where his operation was done and after that he

died and after the death of the deceased informant lodged this false

case implicating the petitioners and other accused.

The content of post-mortem report has been

incorporated by the Investigating Officer at Para-53 of the case diary

and submission of learned counsel for the petitioners appears to be

true from perusal of content of post-mortem report. Moreover,

admittedly, at the time of the alleged occurrence petitioners were

unarmed and it is stated that they assaulted the deceased with fists and

slaps.

2

Considering the aforesaid facts and circumstances as

well as submissions of the parties, let the petitioners be released on

bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each

with two sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No.

215 of 2010.

SHAHZAD                            ( Hemant Kumar Srivastava, J.)