Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23208 of 2012 ====================================================== Shyam Rishideo s/o Late Lalmain Rishideo R/o village Barhanna Tola, Katraha, P.S. Singheshwar, Dist. Madhepura. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 20-06-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is co-accused in Singheshwar P.S. Case No. 94 of 2011 registered for offence under [STATUTE] . Learned counsel submits that allegation is omnibus of assault and no specific role has been assigned to the petitioner. It is further submitted that even if the allegations are taken to be true, the incident occurred in the heat of the moment and was not premeditated. It is further submitted that there was no intention to kill. The petitioner being in custody since 22.11.2011 having clean antecedent deserves to be released on bail. Patna High Court Cr.Misc. No.23208 of 2012 (2) dt.20-06-2012 2 / 2 2 Learned A.P.P. for the State opposes the prayer for bail and submits that assault by the petitioner and others has resulted in the death of a person and, therefore, he does not deserve to be released on bail. Considering the facts and circumstances of the case, let the petitioner namely, Shyam Rishideo, be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M, Madhepura in connection with Singheshwar P.S. Case no. 94 of 2011. M.Rahman/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.