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Patna High CourtCR. MISC./20201/2017bail granted

Babloo Paswan @ Bablu Paswan v. The State Of Bihar

2017-05-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20201 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Babloo Paswan @ Bablu Paswan, son of Arun Paswan, Resident of villageBhatgama, P.S-Chatho, District-Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dalsingsarai (Ghatho) P.S. Case No. 233 of 2016, registered under Sections 307, 379, 504, 506, 448, 341, 323, 147, 148, 302 and 149 of the Indian Penal Code.

The accusation is that 14 persons named in the F.I.R. including the petitioner armed with Lathi, rod, farsa and sword, came near the informant and started assaulting to him. In that course, Ram Chandra Paswan and Bablu Paswan caused injury through iron rod at the head of the informant. When Shobha Devi, Sabita Devi, Mahendra Paswan, Mina Devi and Mantu Paswan rushed to save him then they were also assaulted by the accused persons. Later on, in the night of 19/20-07-2016 injured Mantu Paswan died.

Patna High Court Cr.Misc. No.20201 of 2017 (3) dt.12-05-2017 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is general and omnibus allegation against the petitioner and 13 others named in the F.I.R., to cause injury to Mantu Paswan and other family members. The injured Mantu Paswan was examined on 12.06.2016 and Doctor only found pain over whole body of injured Mantu Paswan. The Doctor further reported that the injury as found on the person of Mantu Paswan was caused by hard and blunt substance, which was simple in nature. Further submission is that Mantu Paswan died on 19/20-07-2016, thereafter, Section 302 was added. The petitioner has no criminal antecedent is in custody since 22.01.2016.

Having regard to the facts and the circumstances of the case, 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 A.C.J.M. Dalsingsarai (Samastipur) in connection with Dalsingsarai (Ghatho) P.S. Case No. 233 of 2016.

(Rajendra Kumar Mishra, J) manish/- U T