Mahendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20918 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

MAHENDRA PASWAN S/o Late Ramkrishna Paswan 2.

Kamli Devi W/o Dinesh Paswan 3.

Rambabu Paswan S/o Dinesh Paswan All are R/o village- Lakhnipur @ Lakhinpur, Maheshpatti, Ward No. 13, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar,Adv For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-04-2021 Let the defects be removed within two weeks of the start of the physical Court.

Heard the parties in virtual Court.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307 & 323 of the Indian Penal Code.

There is general and omnibus allegation against eight accused persons named in the FIR of commission of assault to the father of the informant as well as to informant and his brother. Specific allegation is against co-accusedKrishna Pawan to have given blow with iron rod to the father

Patna High Court CR. MISC. No.20918 of 2021(2) dt.15-04-2021 2/3 of the informant causing injury at the head and his subsequent death. Nothing is specific against petitioner-Kamli Devi, who is a female. Though there is allegation of commission of assault against petitioner-Mahendra Paswan, however, he is aged about 74 years and is suffering from different ailments as informed by learned counsel for the petitioners. Moreover, he has has been referred to PMCH for treatment from Samastipur Jail. No overt-act is alleged against petitioner-Rambabu Paswan.

Considering the nature of material against the petitioners and completion of investigation against them, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ujiyarpur Police Station Case No.285 of 2020 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.20918 of 2021(2) dt.15-04-2021 3/3 (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T