Lakhan Paswan @ Ram Lakhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62321 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== LAKHAN PASWAN @ RAM LAKHAN PASWAN S/o Dinkar Paswan R/o village- Hasanpur, P.S.- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 20.06.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 323, 324, 341, 448 and 452 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Nisha Devi submitted before the Station House Officer, Khanpur Police Station, is to the effect that on 16.06.2019, 23 FIR named accused persons, including the

Patna High Court CR. MISC. No.62321 of 2019(2) dt.22-10-2019 2/3 petitioner, came variously armed and in the background of land dispute, they all brutally assaulted the entire family members of the informant. It is specifically alleged that coaccused, Ganga Prasad assaulted the mother-in-law of the informant with khanti, as a result, the mother-in-law of the informant succumbed to the injuries.

It is submitted by learned counsel for the petitioner that the specific accusation of assault to the deceased, Sita Devi, is against co-accused, Ganga Prasad. The accusation against the petitioner is omnibus and general and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner is named in the FIR.

Considering the fact that the thrust of accusation is against co-accused, Ganga Prasad, investigation already being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.62321 of 2019(2) dt.22-10-2019 3/3 SDJM, Samastipur, in connection with Khanpur P.S. Case No. 76 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T