Vikash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25150 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- BIKRAM District- Patna ====================================================== 1.

VIKASH PASWAN Son of Dholak Paswan @ Surendra Paswan Resident of Village - Arap, P.S.- Bikram, Distt.- Patna.

2.

Manish Paswan @ Manish Kumar Son of Dholak Paswan @ Surendra Paswan Resident of Village - Arap, P.S.- Bikram, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently. As per the prosecution case, the petitioner no. 1 is stated to have assaulted the father of the informant with a lathi on his head while the petitioner no. 2 is stated to have assaulted the informant's father with a brick on his chest. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been described in

Patna High Court CR. MISC. No.25150 of 2021(3) dt.16-12-2021 2/2 the FIR. The petitioners are in custody since 11.11.2020 and have no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the contents of the postmortem report, the Court is not inclined to enlarge the petitioner no. 1 on bail and the application so far as petitioner no. 1 is concerned, is rejected.

The Court directs the petitioner no. 2 to be enlarged on bail in connection with Bikram P.S. Case no. 243 of 2020 (G.R. no. 4284 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Danapur, Patna.

(Partha Sarthy, J) Prakash/- U