Premchand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66890 of 2022 Arising Out of PS. Case No.-234 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== Premchand Paswan S/O Late Janki Paswan R/O Village- Sathopur, P.SDeepnagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Deepnagar P.S. Case No. 234 of 2017 registered under sections 341, 323, 307, 302 and 34 of the Indian Penal Code.

Prosecution case relates to assault upon the informant's father-in-law by the petitioner along with other coaccused persons, due to which the informant's father-in-law succumbed to injury. Further alleged that they assaulted informant and other also when they tried to save the deceased. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.66890 of 2022(3) dt.28-03-2023 2/3 falsely been implicated in this case due to family dispute. It is further submitted that there is no specific overt act of assault against the petitioner rather general and omnibus allegation has been levelled against him. Nothing cogent material came against the petitioner. Similarly situated other co-accused, namely, Sima Devi has already been granted bail by the learned Court below vide B.P. No. 621 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 19.07.2022.

The application for bail is opposed by learned APP for the State and submitted that postmortem report shows that the cause of death is due to head injury and caused by hard and blunt substance.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Deepnagar P.S. Case No. 234 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.66890 of 2022(3) dt.28-03-2023 3/3 amount each to the satisfaction of the learned Sessions Judge, Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) shubham/- U T