Patna High CourtCR. MISC./69490/2018bail granted

Jagdish Paswan @ Jagdish Ram v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69490 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Jagdish Paswan @ Jagdish Ram Son of Ram Bachan Paswan, resident of Village- Baijnathpur, P.S. Kudara, District- Kaimur, Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kudra P.S. Case No. 113 of 2018 (G.R. No. 778 of 2018) registered for the offences punishable under Sections 323, 325, 307, 504/34 of the Indian Penal Code. Informant who is brother of the deceased has stated in his written complaint that when his brother Bhanu Bind was tying his goat and calf there was some dispute between the petitioner, F.I.R. named accused and his brother thereafter they assaulted his brother with fist and danda.

It has been submitted that petitioner is innocent and has been falsely implicated in this case. There is no specific allegation of any overt act against petitioner. Allegation against

Patna High Court Cr.Misc. No.69490 of 2018(2) dt.04-12-2018 2/2 the petitioner is general and omnibus in nature. Similarly placed co-accused have been granted bail by this court as well as coordinate Bench of this court in Cr. Misc. No. 54003 of 2018 and Cr. Misc. No. 62818 of 2018 vide order dated 03.10.2018 and 12.10.2018 respectively. Petitioner has no criminal antecedent and is in custody since 13.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Kaimur at Bhabhua, in connection with Kudra P.S. Case No. 113 of 2018 (G.R. No. 778 of 2018).

(S. Kumar, J) Rajiv/- U