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Subodh Kumar Singh vs The State of Jharkhand

Jharkhand High Court · Decided on 10 October 2011 · Citation: (2011) 10 JH CK 0015

HON’BLE JUDGES
Harish Chandra Mishra, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302
CASE NUMBER
B.A No. 5933 of 2011
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Judgment

6 paragraphs · 255 words

H.C. Mishra

1.

Heard learned counsel for the petitioner and the learned counsel for the State.

2.

The petitioner has been made accused in Koderma, Telaiya P.S case no.204 of 2011 corresponding to G.R No. 411 of 2011 for the offence u/s 302 of the Indian Penal Code.

3.

Though there is direct allegation against the petitioner to have assaulted the deceased, who is his own brother, but from the case diary, it appears that the occurrence had taken place in a Saloon and the barber who was present at the place of occurrence, has stated that the petitioner was in his saloon when the deceased came and he assaulted the petitioner. Thereafter, in course of altercation, petitioner assaulted the deceased with the scissors which was kept in the said saloon.

4.

Learned counsel for the petitioner submits that the occurrence had taken place at the spur of the moment and it was the deceased who came and assaulted the petitioner. Learned counsel for the petitioner has prayed for bail.

5.

In the facts of this case particularly in view of the statement of barber who was present at the place of occurrence, I am inclined to release the petitioner on bail. Accordingly, the petitioner Subodh Kumar Singh is directed to be released on bail, on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Koderma in Koderma, Telaiya P.S case no. 204 of 2011 corresponding to G.R No. 411 of 2011.