Bidayanand Tatma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68154 of 2018 Arising Out of PS. Case No.-654 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Bidayanand Tatma, son of late Janak Lal Tatma, Resident of VillageLahsanganj, Ward No. 1, P.S. Simraha, District Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Rahul, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Forbesganj (Simraha) P.S. Case No. 654 of 2017 instituted for the offence under Section(s) 302/34 Indian Penal Code.

Counsel for the petitioner submits that elder brother of the informant had gone with Narayan Tatma and Vidyanand Paswan at 11:00 P.M. One Arjun Paswan informed the informant in the house that his brother is being assaulted. The informant went to the place of occurrence and found nine persons including the petitioner were assaulting his brother. The brother of the informant subsequently died.

Arjun Paswan has given his statement under Section 164 Cr.P.C., wherein, he has stated that Amod Chaudhary (since

Patna High Court Cr.Misc. No.68154 of 2018(3) dt.20-12-2018 2/2 deceased) has told him at the place of occurrence that he was assaulted by Narayan Tatma and Vidyanand Paswan etc. Arjun Paswan has not taken the name of the petitioner. The learned APP has submitted that informant has given his statement under Section 164 Cr.P.C., wherein, he has taken the name of this petitioner.

From the statement of the informant recorded under Section 164Cr.P.C., it appears that he has levelled general and omnibus allegation against the petitioner.

Petitioner is in custody since 25.07.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 654 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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