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Patna High CourtCR. MISC./7971/2019rejected

Dayanand Paswan v. The State Of Bihar

2019-04-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7971 of 2019 Arising Out of PS. Case No.-156 Year-2016 Thana- MADHEPURA District- Madhepura ====================================================== Dayanand Paswan, S/o Late Mangan Paswan. R/o village- Dudhaila, P.S.- Madhepura, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Shailendra Kumar For the Informant :

Mr.Brajnandan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection with Madhepura Police Station Case No.156 of 2016, registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354, 379 and 302 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Madhepura. According to F.I.R., the petitioner allegedly caused injury at the head of the husband of the informant with iron road, as a result whereof the husband of the informant died. There is allegation of commission of assault by co-accused, Rajesh Paswan and Surya Narayan Paswan also. However, they caused injury at other parts of the body. The doctor has found

Patna High Court CR. MISC. No.7971 of 2019(3) dt.26-04-2019 2/2 head injury as cause of death.

Learned counsel for the petitioner submits that other two co-accused have already been allowed bail by a coordinate Bench of this Court and some of the witnesses stated before the Police that all the three accused persons had caused injury at the head of the husband of the informant. Learned counsel for the informant opposed the prayer for bail Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner, above named, on bail. Hence, prayer is refused.

Petitioner is in custody since 28.11.2018. Hence, the learned trial court is directed to expedite the trial. (Birendra Kumar, J) abhishek/- U T