Pappu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30550 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Pappu Paswan Son of Chandradeo Paswan @ Chandra Paswan, resident of Nariyana, P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Upadhyaya For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 The petitioner seeks regular bail in connection with Khaira P.S. Case No. 26 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 181, 302 and 427 of the Indian Penal Code.

Allegation against the petitioner that he along with other co-accused persons assaulted the deceased resulting in his death. It has been submitted on behalf of the petitioner that informant is not the eye witness of the present occurrence, he after hearing the sound of cry of his son over phone, went in search of his son and, thereafter, he found his son in unconscious possession and took him to hospital, where he was declared dead. Further petitioner has been made accused only on the basis of suspicion as it is alleged that the deceased had love affair with the sister of the

Patna High Court Cr.Misc. No.30550 of 2017 (3) dt.24-07-2017 2/2 petitioner and except that there is nothing against the petitioner and he has been in judicial custody since 03.02.2017. Heard learned A.P.P. also. He has opposed the prayer for bail and submitted that several witnesses have supported the case of prosecution.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to release the petitioner on bail, at least, at this stage, his application for regular bail is, accordingly, rejected. However, the petitioner may renew his prayer for bail in the court below itself, after framing of charge in this case. (Vinod Kumar Sinha, J) sunil/- U T