IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20902 of 2009 BIRENDRA PASWAN @ BILENDRA PASWAN Versus STATE OF BIHAR ----------- 04. 27.08.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under diverse Sections of the Penal Code including Section 302 of the Penal Code. Owing to dispute over payment of wages lawfully due to the husband of the informant, it is alleged that as many as 10 accused persons arrived at the house of the informant. Specific allegation in the F.I.R. is that petitioner along with one Satendra Paswan and Rajendra Paswan assaulted the victim by means of ‘lathi’. He was initially carried to Belaganj hospital and therefrom to A.N.M.C.H. Gaya and ultimately to P.M.C.H. Patna, where he succumbed on 21.04.2009. Autopsy was carried at the hospital on 22.04.2009. The informant carried the body back to the village and thereafter lodged the present case. Learned counsel for the petitioner submits that there is unexplained delay in lodging the case without justifiable grounds. Referring to post mortem report, it is contended that the deceased received only one injury in the shape of swelling on the parietal region of scalp caused by hard and blunt substance. It is, thus, contended that the post mortem report does not support the manner of occurrence. Motive is already embedded in the F.I.R. 2 itself. In the facts and circumstances of the case, petitioner above named, is directed to be released on bail on 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. Gaya in connection with Belaganj P.S.Case no. 53 of 2009. Sym/ (Kishore K. Mandal, J.)