← Library
Patna High CourtCR. MISC./15039/2021dismissed

Rajo Paswan v. The State Of Bihar

2021-10-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15039 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== Rajo Paswan, aged about 50 years, male, Son of Late Guro Paswan, Resident of Village Jairampur, P.S. Bihpur, District Bhagalpur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar 1, Advocate For the State :

Md. Sufyan, APP For the Informant :

Mr. Vinay Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in Bihpur (Jhandapur O.P.) P.S. Case No.443 of 2020, for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case in brief is that some police officials of Bihpur Police Station who were there on NH-31 in civil dress stopped the deceased, they started hurling abuses and upon being assaulted one Ranjit Kumar Mandal, S.H.O. of Bihpur P.S., driver of the private vehicle deputed on duty and other unknown accompanying police officials took the brother of the informant to the police station and brutally assaulted him due to which the brother of the informant died during the course

Patna High Court CR. MISC. No.15039 of 2021(3) dt.05-10-2021 2/2 of treatment.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. There is no overt act alleged against the petitioner. It is further submitted that co-accused Shiv Balak Prasad has already been granted bail by a co-ordinate Bench of this Court vide order dated 01.09.2021, passed in Cr. Misc. No.15314 of 2021. Learned counsel for the informant opposed the prayer for bail of the petitioner. It is submitted that prayer for bail of the two other co-accused has been rejected by a co-ordinate Bench of this Court vide order dated 12.08.2021 and 27.09.2021, passed in Cr. Misc. No.21133 of 2021 and Cr. Misc. No.17946 of 2021.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T