Laljee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30844 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- SIMRI District- Buxar ====================================================== 1.

LALJEE PASWAN, Son of Budha Paswan Resident of Village - Kharahatand, P.S.- Simri, District - Buxar.

2.

Ramjee Paswan Son of Budha Paswan Resident of Village - Kharahatand, P.S.- Simri, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Heard the parties.

The petitioners are languishing in custody for the offence punishable under Sections 147, 148, 341, 342, 323, 307, 302 and 504 of the Indian Penal Code.

The dispute between the F.I.R. named accused and the informant started due to non payment of the dues money by the informant. Thereafter, allegation is that occurrence of assault started and all the F.I.R. named accused persons assaulted with lathi to the father of the informant, as a result whereof, he died. Co-accused Saroj Ram had also sustained injury, however his statement was not recorded by the police under Section 161

Patna High Court CR. MISC. No.30844 of 2020(3) dt.29-01-2021 2/3 Cr.P.C. Other witnesses have supported the aforesaid allegation, but the doctor has found single injury on the person of the deceased which was a laceration at the scalp and the head injury was the reason for the death.

Learned counsel for the petitioners submits that the petitioners are in custody since 29.05.2020. No specific allegation is there against the petitioners. The doctor has found single injury on the person of the deceased which is inconsistent with the prosecution allegation. Investigation of the case is already complete.

Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Simri P.S. Case No. 71 of 2020, with following conditions:

(a) Both the bailors shall be the 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.

(c) The petitioners shall not leave the country without

Patna High Court CR. MISC. No.30844 of 2020(3) dt.29-01-2021 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T