Patna High CourtCR. MISC./6448/2016bail granted

Kamlesh Paswan v. The State Of Bihar

2016-02-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6448 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -MEHANDIA District- JEHANABAD ====================================================== Kamlesh Paswan S/o Munilal Paswan Resident of Village- Madhusharwa, P.s Mehandia, District Arbal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Ms. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Mahendia P.S. Case No. 102 of 2015 for offence under Sections 147, 149, 341, 323, 324, 325, 504, 307 of the Indian Penal Code.

An allegation has been made that the petitioner and others have mercilessly assaulted the victim with Lathi, Danda, iron rod, Khanti and Garasa and also abused in filthy language. On account assault, Dharmendra Paswan, who had received injury on his person, was treated at Kaler Hospital and, thereafter, referred to Sadar Hospital where he died.

There is an omnibus allegation against the petitioner

Patna High Court Cr.Misc. No.6448 of 2016 (2) dt.29-02-2016 and other accused persons, namely, Munil Lal Paswan (in Cr. Misc. No. 51423 of 2015) and Chano Devi and Subhanti Devi @ Sumanti Devi (in Cr. Misc. No. 51614 of 2015) have already been granted bail by common order dated 21.12.2015. Another accused persons, namely, Lal Muni Devi and Rita Devi have also been granted bail by this Court by order dated 10.11.2015 in Cr. Misc. No. 52514 of 2015.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Kamlesh Paswan be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Mahendia P.S. Case No. 102 of 2015.

(Shivaji Pandey, J) Rishi/- U T