Patna High Court - Orders
Shivnath Malakar @ Sidhnath Malakar vs The State Of Bihar on 5 March, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61915 of 2023
Arising Out of PS. Case No.-56 Year-2023 Thana- GAURICHAK District- Patna
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Shivnath Malakar @ Sidhnath Malakar, Male, age 50 years, S/O Dhurkheki
Bhagat @ Dhurkheli Malakar, R/O Village- Kandap, P.S- Gaurichak, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rudra Deo, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
5 05-03-2024Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Gaurichak P.S. Case No. 56 of 2023 registered for an offence punishable under Sections 147, 341, 323, 307, 325, 302 and 506 of the Indian Penal Code.
3. As per prosecution case, the FIR has been lodged against five named accused persons in which allegation of as- saulting the father of the informant is there, due to which, death has been caused.
4. Learned counsel for the petitioner submits that peti- tioner has falsely been implicated in this case due to village ri- valry and party politics. He next submits that the postmortem re- port has not supported the statement of the informant as such entire prosecution case is suspicious. He next submits that simi- larly situated co-accused persons have already been granted bail Patna High Court CR. MISC. No.61915 of 2023(5) dt.05-03-2024 2/2 by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 35758 of 2023. Petitioner is in custody since 24.03.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. From perusal of the first information report, case diary, postmortem report and FSL report no.2847 of 2023 dated 17.02.2024, it appears that total five accused persons including the petitioner and allegation against the petitioner is only one blow assaulted by lathi to the deceased. On perusal of the post- mortem report, it appears that only one abrasion found on the body of the deceased and the cause of death is not ascertained by the concerned doctor who conducted the postmortem report, in these circumstances, I am inclined to grant bail to the peti- tioner. Prayer for bail of the petitioner is allowed.
7. Accordingly, let the above named petitioner be re- leased on bail on furnishing bail bond of Rs. 10,000/- (ten thou- sand) with two sureties of the like amount each to the satisfac- tion of learned ACJM-VI, Patna City, Patna in connection with Gaurichak P.S. Case No. 56 of 2023.
(Ramesh Chand Malviya, J) Brajesh Kumar/-
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