IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8513 of 2009 PRASAD PASWAN, son of late Devcharan Paswan, resident of Village – Karma, P S – Dumariya , District – Gaya. ……………………………. Petitioner Versus STATE OF BIHAR …………Opposite party ----------- 04. 06.07.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 7.10.2008 in relation to Dumariya P S Case No. 28 of 2008 for an offence under sections 341, 323, 307/34 of the Indian Penal Code. As per the allegation petitioner along with two other persons assaulted the informant’s husband on a dispute over a piece and parcel of land. It is alleged that petitioner assaulted the informant’s husband by means of lathi which caused serious injury on his head. As a result of assault the petitioner lost his consciousness for which he was treated at RIMS, Ranchi. Submission of the learned counsel for the petitioner is that it is not a pre-meditated crime but on the spur of moment the incident took place on the dispute over a piece and parcel of land. Petitioner does not have any criminal history of any kind. In that view of the matter, looking at the period spent in custody petitioner deserves to be enlarged on bail. Let the petitioner Prasad Paswan be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sherghati, District – Gaya in Dumariya P S Case No. 28 of 2008 with a direction that he shall not abscond nor threaten any - 2 - witness on his release on bail. He shall further co-operate in the trial and shall appear on each and every date fixed by the trial court. rkp (Ajay Kumar Tripathi, J)