Shyam Paswan @ Shyamdeo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71843 of 2023 Arising Out of PS. Case No.-324 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Shyam Paswan @ Shyamdeo Paswan Son Of Jay Prakash Paswan Resident Of Mohalla- Teja Tola, Ps- Katihar, Sahayak, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 307, 323, 341, 504 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, all the accused persons including this petitioner brutally assaulted to the informant's daughter namely, Saraswati Kumari by lathi due to which she sustained injury and died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity and land dispute. No one is eye witness of the alleged occurrence. All the witnesses are family members who have examined before the police. General and omnibus allegation has been

Patna High Court CR. MISC. No.71843 of 2023(3) dt.31-01-2024 2/2 levelled against the petitioner. There is no specific allegation of assault against this petitioner. It is further submitted that in para 56 of the case diary, independent witness doctor Sushant Kumr after observing the postmortem report and prior prescription of the deceased has stated that deceased was ill earlier and she died due to illness. As per postmortem report, there was no external injury found on here body and doctor not opined about the cause of death. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 08.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Katihar in connection with Katihar Nagar (Sahayak) P.S. Case No.324 of 2023.

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