Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.466 of 2020 Arising Out of PS. Case No.-88 Year-2017 Thana- HALSI District- Lakhisarai ====================================================== Diwakar Kumar, S/o Balmiki Paswan, Resident of Village and P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is accused in connection with Halsi P.S. Case No.88/2017, registered under Sections 147, 341, 323, 504, 324, 307, 337 of the Indian Penal Code.

The accusation is that on 17.09.2017 informant Ram Tahal Paswan was at his door. At that time Sanjay Paswan came at his door and untied the goat from the peg then his grand son Dilip Kumar made protest on which Sanjay Paswan assaulted the grandson of the informant Dilip Kumar. When his son Bablu Paswan

Patna High Court CR. MISC. No.466 of 2020(2) dt.20-01-2020 2/3 rushed to rescue Bablu Paswan then Sanjay Paswan, Pawan Paswan, Murari Paswan, Biro Paswan along with son of Nageshwar Paswan started to assault Bablu Paswan. Rajeev Paswan, Rakesh Kumar, Diwakar Kumar, Laxman Paswan, Ramji Paswan, Rajendra Paswan @ Raju Paswan under conspiracy armed with iron rod, lathi, Bhala made attempt to kill in which Vinod Paswan, Babloo Paswan and Dilip Paswan sustained head injury. Wife of Sanjay Paswan, wife of Biro Paswan, wife of Murari Paswan, wife of Pawan Paswan, wife of Rajesh Paswan, wife of Manoj Paswan, wife of Balmiki Paswan, wife of Bharat Paswan also started brick-batting from roof.

Learned counsel for the petitioner submits that, petitioner is named in the FIR, but there is general and omnibus allegation against all nineteen co-accused including the petitioner to cause injury son of the informant. Petitioner has no criminal antecedent and is in custody since 18.11.2019.

Patna High Court CR. MISC. No.466 of 2020(2) dt.20-01-2020 3/3 Having regard to the facts and circumstances of the case, the, the petitioner above named, 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 the learned ACJM, IIIrd, Lakhisarai, in connection with Halsi P.S. Case No.88/2017.

(Rajendra Kumar Mishra, J) Prakash Narayan /- U T