Manoj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8134 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== MANOJ PASWAN Son of Ram Narayan Paswan Resident of VillageKekarha, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The allegation against the petitioner along with another is assaulting the father of the informant, later on during course of treatment, he died.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that, on the basis of suspicion, petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.09.2022. Learned APP for the State has opposed the application

Patna High Court CR. MISC. No.8134 of 2023(3) dt.08-05-2023 2/2 for bail and submitted that during investigation, several witnesses have supported the prosecution case. There is direct allegation of assaulting to the informant's father is against the petitioner and another, due to which he succumbed to injury. As per Postmortem report, the doctor opined the cause of death was Haemorrhage and shock due to assault, and all the injuries were found ante-mortem, grievous and fatal upon the body of the deceased, which corroborates the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U T