Sudama Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.15805 of 2017 (2) dt.25-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15805 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -BEERPUR District- BEGUSARAI ====================================================== Sudama Paswan S/o Kamleshwari Paswan R/o Vill - Maida Babhangama, P.S. - Birpur, Dist - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2017 Heard both sides.

The petitioner seeks bail in Birpur P.S. Case No. 116/2016, registered for the offences punishable under Sections 307 and other sections of the Indian Penal Code. The informant named the petitioner Sudama Paswan along with seven other persons and alleged that they all assaulted his mother due to land dispute. The mother of the informant got injuries on mouth and head and teeth were also broken. Learned counsel for the petitioner submits that eight accused persons are named in the F.I.R. Omnibus and general allegation is made against the petitioner. The petitioner is in jail since 19.12.2016. The petitioner has already remained in jail for four months. No specific allegation of assault is made against the

Patna High Court Cr.Misc. No.15805 of 2017 (2) dt.25-04-2017 petitioner. Only two injuries are found on the person of mother of the informant.

Learned counsel for the informant however, opposed the prayer for bail and submitted that one of the injuries found on the person of mother of the informant causing uprootment of teeth was found grievous.

Considering the facts aforesaid and the fact that eight persons are alleged to have assaulted the mother of the informant, but only one grievous injury was found on the person and the petitioner is in jail for more than four months, the petitioner above-named, 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 Additional Chief Judicial Magistrate I, Begusarai in connection with Birpur P.S. Case No. 116/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T