Suro Paswan @ Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29047 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Suro Paswan @ Suresh Paswan S/o late Bhaso Paswan, resident of Village - Barmaniya, Tola - Beldari, P.S. - Laxmipur, District - Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Smt. Soni Srivastava, Advocate Smt. Madhuri Kumari, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302, 307 and 364 of the Indian Penal Code.

The prosecution case, in brief, is that on the alleged date and time of occurrence the accused persons including the petitioner entered in the house of the informant and taken away the informant and his son towards Paswan Toli. Then some of the accused persons assaulted the informant by axe and sword causing injury in his head and leg. Thereafter all the accused persons including the petitioner brutally assaulted the son of the informant by means of lathi and rod, due to which he died. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.29047 of 2016 (4) dt.01-09-2016 2/2 the petitioner is in custody since 25.3.2016 and charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made in the F.I.R. in respect to assault upon the deceased. No specific injury has been attributed against the petitioner or the other accused. It is further submitted that the petitioner may be released after completion of eight months in custody from 25.3.2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of eight months in custody from 25.3.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. case No.48 of 2016.

(Sudhir Singh, J) Narendra/- U T