Patna High CourtCR. MISC./15491/2025rejected

Birendra Paswan v. The State Of Bihar

2025-07-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15491 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Birendra Paswan Son of Anarsi Paswan Resident of village- Kaithi, P.s.- Chautham, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chautham P.S Case No. 285 of 2024 registered for the offences punishable under Sections 103(1) of the BNS

3. As per allegation in the FIR, petitioner and other accused person in connivance with each other has brutally killed the informant's mother.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that all accused persons belong to same family member. He further submits that allegation against the petitioner is of general and omnibus in nature. He further submits that

Patna High Court CR. MISC. No.15491 of 2025(4) dt.02-07-2025 2/2 petitioner is in judicial custody since 08.10.2024 having one criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 05.02.2025, it appears that there is specific allegation against the petitioner of assault by an axe upon the mother of the informant due to which the victim died on spot. Moreover, petitioner has confessed his guilt which is evident from paragraph 39 of the case diary and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the regular bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U