Sanjay Paswan @ Sajay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24391 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- NEORA District- Patna ====================================================== Sanjay Paswan @ Sajay Paswan, Male aged about 44 years, Son of Ramashray, Resident of Village - Neoraganj, P.S. - Neora, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Neora PS Case No. 18 of 2023 instituted for the offences punishable under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant's son Sanjay Paswan abused and brutally assaulted his father Ramashray Paswan (informant) and he sustained injuries on his head, hands, forehead and neck. On the basis of written report of the informant, the FIR was lodged under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24391 of 2024(2) dt.04-04-2024 2/3 petitioner is innocent and has committed no offence and has falsely been implicated in this case due to land dispute. He further submits that the petitioner and informant are father and son and there is land dispute between the parties. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in para 3 of the petitioner is in custody since 24.08.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, injury report and the impugned order of the learned Additional Sessions Judge-I, Danapur, Patna dated 08.12.2023, it appears that the witnesses has corroborated the fact mentioned in the FIR. From perusal of the injury report, it also appears that in the alleged occurrence total nine injuries were caused on the person of the informant including in the frontal region of his scalp, which is a vital part of the body. The petitioner has also assaulted on the chest of the injured after pushing him on the floor despite the fact that he is son of the informant.

7. Having considered the aforesaid facts and circumstances of the case, nature of allegation levelled against the petitioner, the quantity of the injuries caused to the informant including injury on frontal region of his scalp, I am

Patna High Court CR. MISC. No.24391 of 2024(2) dt.04-04-2024 3/3 not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. Learned trial Court is directed to conclude the trial preferably within a period of six months from the date of commitment and proceeding of commitment must be concluded within 15 days from receipt of this order.

(Ramesh Chand Malviya, J) Anand Kr.

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