Janki Ram Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.35915 of 2011 janki ram versus the state of bihar ----------- 02/ 11.01.2012 heard learned counsel for the petitioner as well as learned addl. public prosecutor for the state. petitioner is in jail custody since 14.6.2011 in a case initially, registered under section 307 and other minor sections of the ipc but later on, section 302 of the ipc was also added. allegedly, petitioner gave back portion of spade on the abdomen of the deceased. learned counsel for the petitioner submits that no case under section 302 of the ipc is made out because there was no intention of the petitioner to commit the murder of the deceased. the post mortem report of the deceased reveals that only one injury has been found on the stomach of the deceased and the deceased died of septicemia. considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, janki ram, be released on bail on furnishing bail bonds of rs 10,000/- with two sureties of the like amount each to the satisfaction of the chief judicial magistrate, gopalganj in phulwaria p.s. case no. 87/2011. shahid (hemant kumar srivastava,j)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35915 of 2011 Janki Ram Versus The State Of Bihar ----------- 02/ 11.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 14.6.2011 in a case initially, registered under section 307 and other minor sections of the IPC but later on, section 302 of the IPC was also added. Allegedly, petitioner gave back portion of spade on the abdomen of the deceased. Learned counsel for the petitioner submits that no case under section 302 of the IPC is made out because there was no intention of the petitioner to commit the murder of the deceased. The post mortem report of the deceased reveals that only one injury has been found on the stomach of the deceased and the deceased died of septicemia. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Janki Ram, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Phulwaria P.S. Case no. 87/2011. shahid (Hemant Kumar Srivastava,J)