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Patna High Court - Orders

Rama Nand Singh vs State Of Bihar on 18 August, 2008

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.28351 of 2008
                             RAMA NAND SINGH
                                  Versus
                              STATE OF BIHAR
                               -----------

2/   18.8.2008

Heard learned counsel for the parties.

The present case has been registered for offences under Section 307 and allied sections of the Indian Penal Code and under Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on the basis of fardbeyan of Kaleshwar Paswan. After death of the injured, Section 302 of the Indian Penal Code was added.

Submission is that prior to the present case, a case under Section 414/34 of the Indian Penal Code and 25(1-b)a, 26,35 of the Arms Act was lodged by the petitioner against the deceased. Further submission is that the matter was investigated into and after investigation, the police disbelieved the implication of Section 302 of the Indian Penal Code and submitted chargesheet under Section 304 of the Indian Penal Code and 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. There is no specific allegation against the petitioner.

Considering the facts and circumstances of the case, let the petitioner Rama Nand Singh be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Goroul P.S.Case No. 94 of 2008.

      Tahir/-                                ( Shyam Kishore Sharma, J.)