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Patna High CourtCR. MISC./75720/2018bail granted

Dinesh Paswan And ANR v. The State Of Bihar

2018-12-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75720 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Dinesh Paswan Son of Sattan Paswan 2.

Nitish Paswan @ Nitish Kumar Son of Dinesh Paswan Both Resident of Village-Saraiya P.S. Choutham,Distt.-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Choutham P.S. Case No. 26 of 2018 instituted for the offence under Sections 147, 341, 342, 323, 307, 379, 504 and 506 of the Indian Penal Code. Subsequently, Section 302 Indian Penal Code was added. It is alleged that petitioner along with ten other accused persons assaulted son of the informant with Bamboo on his head causing injury to him. The son of the informant was brought to Sadar Hospital, Khagaria, from where he was referred to Alexia Hospital Begusarai, for better treatment, but he died in Hospital during course of treatment. Counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.75720 of 2018(2) dt.19-12-2018 2/2 general and omnibus allegation against the petitioner in the Fard-e-beyan. Counsel for the petitioner further submits that co-accused Sikendra Paswan with similar allegation has already been granted bail by this Court vide order dated 27.11.2018 passed in Cr. Misc. 69461 of 2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, learned Judicial Magistrate 1st Class, Khagaria, in connection with Choutham P.S. Case No. 26 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T