ORDER

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course.

3. The petitioner seeks regular bail in connection with Bettiah (Muffasil) P.S. Case No. 203 of 2020, for the offence punishable under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.

4. The prosecution story, in brief, is that on 07.04.2020 the younger brother of informant had gone to C.S of Bank to withdraw money, where hot talk took place with the Manager. The petitioner intervened to pacify them, but the same turned into ugly altercation and all the accused persons named in the F.I.R., who were of the same vicinity came laden with deadly weapon in which petitioner assaulted father of the informant with Farsa due to which he fell down. Further Satyendra Sah and Achhelal Sah gave rod blow on Sandip Sah and Satyendra Sah gave Lathi blow on the head of Shilpi Kumari, Dular Sah gave injury to Munna Sah. Thereafter, all went to hospital where Ramdeo Sah was referred to Patna, who died on the way.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that, in fact, no overt act was committed by the petitioner, rather, he was found to be armed with Farsa and in this regard, he has referred to paragraph Nos. 16, 17, 18 and 19 of the case diary in which all the witnesses have seen the petitioner armed with Farsa. He next refers to the Post-mortem report, where Doctor has found injury to be caused by hard and blunt substance. No doubt several persons assembled at the place of occurrence as the sister of the petitioner was physically assaulted by the informant and scuffle took place in which both the parties sustained injury through lathi danda. Learned counsel for the petitioner placed reliance on the Judgment of the Apex Court reported in 1974 A.I.R. 1936 SCR (3) 652 wherein the Apex Court inter alia has observed as follows:—

The post-mortem report prepared by Dr. N. L. Jain shows that on the body of Jagdeo were found three bruises and a hematoma. On the body of Padum were found four lacerated wounds and two bruises. According to the eye-witnesse's the two men were attacked with lathis, spears and axes but that clearly stands falsified by the medical evidence. Not one of the injuries found on the person of Jagdeo. and Padum could be caused by a spear or an axe. The High Court however refused to attach any importance to this aspect of the matter by saying that the witnesses had not stated that the miscreants dealt axe blows from the sharp-side or used the spear as a High Court axes and spears may piercing weapon"., According to the have been used from the blunt side and therefore the evidence of the eye-witnesses could safely be accepted. We should have thought that normally when the witness says that an axe or a spear is used there is no warrant for supposing that what the witness means is that the blunt side of the Weapon was used. If that be the implication it is the duty of the prosecution to obtain a clarification from the witness as to whether a sharp-edged or a piercing instrument was used as blunt weapon.

6. He further submits that taking into consideration the above observation of the Apex Court, in the present case, the witnesses have seen the petitioner armed with Farsa, however, the injury caused on the body of the deceased is by hard and blunt substance. The petitioner is innocent and he has falsely been implicated in this case. He further submits that, in fact, the informant had outraged the modesty of the sister of petitioner in the bank and out of spur the informant and his father have sustained injury and he died in course of treatment. Both the parties have lodged case making specific allegation of the assault on either side. The petitioner is in custody since 19.06.2020 and other co-accused Dular Sah a