Bidyanand Paswan @ Vidyanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43650 of 2018 Arising Out of PS. Case No.-654 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Bidyanand Paswan @ Vidyanand Paswan S/O Late Batesh Paswan Resident of village- Lahasanganj, P.S.- simraha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvan Kumar For the Opposite Party/s :

Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Forbesganj (Simraha) P.S. Case No. 654 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant has alleged that on 21.08.2017 at about 3.00 PM his co-villager Narayan Tatma took away his brother Amod Choudhary with him. At about 11.00 PM he was informed that his brother is being assaulted by Narayan Tatma and 10 other named accused in the FIR. Petitioner is also one of the named in FIR. Allegation against all is of causing assault by Lathi, Danda, as a result of which his brother sustained grievous

Patna High Court Cr.Misc. No.43650 of 2018(3) dt.24-09-2018 2/2 injury and was carried to the hospital where he succumbed to his injuries.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against all 10 persons named in FIR. There is no specific overt act alleged against petitioner. Petitioner is also accused in one another case bearing Forbesganj (Simraha) P.S. Case No. 235/2010 in which he is on bail. Petitioner is in custody since 07.09.2017. Considering the aforesaid facts 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 Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 654 of 2017. (S. Kumar, J) veena/manojU T