Heera Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6012 of 2015 Arising Out of PS.Case No. -303 Year- 2013 Thana -KHAGARIA District- KHAGARIA ====================================================== Heera Paswan .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satyendra Pandey, Advocate. For the Opposite Party : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner is languishing in custody since 05.08.2014 in a case registered for the offences punishable under Sections 302/34, 120(B) of the Indian Penal Code and 27 of the Arms Act. It is alleged that the accused persons including the petitioner surrounded the victim Ram Pratap Paswan and resorted to firing. The firing of the petitioner hit on the head of the victim. It is submitted by learned counsel for the petitioner that initial accusation of firing by all the accused persons when post mortem was done within eight hours of occurrence but the doctor has opined that the death has occurred within twenty four hours which creates doubt about the manner of accusation

Patna High Court Cr.Misc. No.6012 of 2015 (2) dt.12-03-2015 2 / 2 levelled by the informant.

Considering the nature of accusation, this Court is not inclined to interfere. The prayer for bail of the petitioner is rejected in connection with Supplementary Khagaria P.S. Case No. 303 of 2013, pending in the court of the learned C.J.M. Khagaria.

Let the trial be expedited.

U.K./- (Dinesh Kumar Singh, J) U T