Jawahar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5665 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- MEHANDIGANJ District- Patna ====================================================== JAWAHAR PASWAN SON OF LATE LAKHAN PASWAN R/O VILLAGEMEHANDIGANJ RAILWAY GUMTI, AMARPUR (DOMKHANA), P.S.- MEHANDIGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Mehandiganj P.S. Case No. 46 of 2021, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, this petitioner along with other FIR named accused persons abused and assaulted brother-in-law of the informant (deceased) with bricks, stones and rod. It is further alleged that when informant and her family members tried to rescue him, all of them were assaulted by the accused persons.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.5665 of 2022(2) dt.05-04-2022 2/2 general and omnibus allegation of commission of assault against all the accused persons including this petitioner. No specific overt act has been alleged against this petitioner. Petitioner is in custody since 22.09.2021 having clean antecedent. Investigation in this case is complete Counsel for the State vehemently opposed the prayer for bail .

Considering the facts and circumstances of the case, period of custody and clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate Patna City, Patna in connection with Mehandiganj P.S. Case No. 46 of 2021.

(Prabhat Kumar Singh, J) BKS/- U T