Sikandar Paswan @ Sikendra Paswan @ Sikendar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22937 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -AMBA District- AURANGABAD ====================================================== SIKANDAR PASWAN @ SIKENDRA PASWAN @ SIKENDAR PASWAN S/o Kamta Paswan @ Kamta Ram resident of village- Baliya, P.S.- Amba, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The father of the deceased Ashok Paswan alleged that on 02.03.2014, all the named eight accused persons having armed with different weapons came to his house and while his son was going to take bath, Sikandar Paswan (the petitioner) assaulted him with Farsa on his head. It is alleged that all the accused persons assaulted Ashok Paswan with sticks and Farsa. Thereafter, Sikandar Paswan assaulted Ashok Paswan with Farsa on his head. It is submitted that the occurrence took place on 02.03.2014. The informant stated that he took his son to Sadar Hospital, Kutumba. On the advice of the doctor, his son was referred to Gaya Sadar Hospital, from where his son was referred to P.M.C.H. for better

Patna High Court Cr.Misc. No.22937 of 2015 (3) dt.18-09-2015 2/2 treatment. Seeing the serious condition of his son, the informant admitted his son to the hospital situated at Khemnichak where his son died on 06.03.2014.

It is submitted that the post-mortem report shows only one stitched wound of 31⁄2" over the left parietal region of the head of the deceased and eight persons are said to have assaulted the deceased. Thereafter, the petitioner is alleged to have assaulted the son of the informant with Farsa but no sharp-cut injury was found. The F.I.R. was lodged after 26 days of the occurrence. The informant did not inform the police either at Kutumba or Gaya or Aurangabad or Patna.

Considering the facts aforesaid, the above named petitioner 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 Chief Judicial Magistrate, Aurangabad in Amba P.S. Case No. 22 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T