OMKAR KUMAR @ LADDU PASWAN v. The State of Bihar Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : For the informant : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.N. A. Shamsi, Adv. Mr.Zainul Abedin, APP Mr. Anil Kumar, Adv. ORAL ORDER 2 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Rahui (Wena) P.S. Case No. 02 of 2023 dated 2.1.2023 registered for the offences punishable u/s 147, 149, 323, 307, 302, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the petitioner along with all the FIR named accused persons holding lathi and danda came to CSP Center situated in the informant’s house and started abusing Deelip Kumar. On being protested by the informant, the co-accused Ram Avtar Paswan assaulted on the head of the informant with lathi. When the informant's wife Patna High Court CR. MISC. No.65010 of 2023(2) dt.13-10-2023 came to rescue, the co-accused Santosh Kumar and Vashist Kumar started assaulting her and Santosh Kumar assaulted on the head of his daughter aged about 5 months with lathi and his daughter became unconscious. On halla, the informant's brother and Bhabhi came to rescue, she was assaulted by the co-accused Raghvendra Kumar causing broken injuries on their head and hand. It is further alleged that Rekha Devi, Maya Devi and the petitioner Omkar Paswan started pelting bricks and stones on Sarmila Devi causing injury on her left hand. Accused Santosh Paswan fled away opening fire.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the specific allegation of assault is against the co-accused Santosh Paswan. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.2.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the informant's minor daughter died during treatment. Patna High Court CR. MISC. No.65010 of 2023(2) dt.13-10-2023

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above- named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Rahui (Wena) P.S. Case No. 02 of 2023.