Hira Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15922 of 2025 Arising Out of PS. Case No.-157 Year-2023 Thana- DESARI District- Vaishali ====================================================== Hira Paswan S/o- Dhupan Paswan Resident of Village- Vihazadi Chawk, P.S.- Desari (Sahdeo Buzurg O.P). District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Adv Mr.Rajeev Ranjan No.II, Adv Ms. Priyanka Kumari, Adv Mrs. Anjana Gupta, Adv For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 23-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Desari P.S. Case No. 157 of 2023 registered for the offences punishable under Section 302, 341, 323, 379, 504, 506 and 34 of the I.P.C.
3. As per the prosecution case, the petitioner was in habit of throwing garbage in the land of the informant. On being protested by the informant's mother, the petitioner started assaulting her with the butt of country made pistol due to which she sustained injuries on her head and eyes and thereafter with the help of nearby people she was taken to Govt. Hospital from
Patna High Court CR. MISC. No.15922 of 2025(4) dt.23-06-2025 2/3 where she was referred to P.M.C.H., Patna, for better treatment.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and the allegation against him is general and omnibus in nature. It is next submitted that there is a delay of 10 days in lodging the F.I.R. and there is no plausible explanation for the same. It is also submitted that the death of the informant's mother occurred after twenty two days of occurrence and hence it cannot be attributed to the injuries received. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 05.04.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner is alleged to have assaulted the mother of the informant brutally, who subsequently died during the course of treatment. It is also stated that the external injuries, referred to in the post-mortem report, states about swelling and fracture of skull on the right side, blackening of right eye and lacerated injury on upper lip which confirms the allegation levelled in the F.I.R., hence, he does not deserve the liberty of bail.
6. Considering the aforesaid facts and circumstances of the case and also taking into account the specific allegation
Patna High Court CR. MISC. No.15922 of 2025(4) dt.23-06-2025 3/3 against the petitioner as corroborated by the ante-mortem injuries found on the body of the deceased, this Court is not inclined to grant bail to the petitioner and the same is hereby rejected.
(Sourendra Pandey, J) Jyoti/- U T