Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41548 of 2011 ====================================================== Naveen Singh S/o Late Baleshwar Singh Resident of Village- Chainpura, P.S.- Warisaliganj, District- Nawada .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 16-02-2012 Heard the parties. The petitioner is in custody in connection with Nawada P.S. Case No. 60 of 2011 for offence punishable under [STATUTE] . The case has been instituted by reason of a death of a co-prisoner in the Nawada Jail. The petitioner is said to be a party to the alleged occurrence leading to the death of the son-in-law of the informant, namely, Vishal Kumar Mishra @ Bablu Mishra. Learned counsel for the petitioner submits that undoubtedly the death of the co-prisoner Vishal Kumar Mishra @ Bablu Mishra happened in the hospital ward but during the course of investigation as also in the judicial enquiry conducted by the Judicial Magistrate, Ist Class, Nawada shows that the deceased was badly assaulted in ward no. 4 in which he was initially admitted after his entry in the jail. Learned counsel submits that it has been recorded in the case diary as also in the report submitted by the learned Magistrate on the basis of evidence given by a large number of co-prisoners that the deceased was creating ruckus in ward no. 4 and which turned violent and for which he was assaulted by the inmates. The deceased after being Patna High Court Cr.Misc. No.41548 of 2011 (4) dt.16-02-2012 2 overpowered by the prisoners was thereafter shifted outside ward no. 4 and handcuffed to a mango tree and as the condition deteriorated by reason of the aforesaid assault, he was ultimately shifted in the hospital ward where this petitioner was doing the duties of a compounder. It is stated that the condition of the said prisoner by reason of the injuries suffered by him in ward no. 4 did not improve and subsequently he succumbed to the injuries despite medical assistance being provided to him. He thus submits that the allegation against this petitioner of causing the death of the son-in-law of the informant, is not correct. With reference to the statement made by a co- accused Md. Sagir Alam attributing assault by this petitioner it is stated that the same is not correct in view of the delay as also in view of the findings in the judicial enquiry which has recorded the assault suffered by the deceased ,mercilessly in ward no. 4. It is stated that the said letter having been written 16 days after the alleged occurrence, is not worthy of reliance. Regard being had to the submission of learned counsel and having perused the materials on record, let the petitioner Naveen Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada in connection with Nawada P.S. Case No. 60 of 2011. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.