Patna High CourtCR. MISC./21177/2025dismissed

Gaya Paswan v. The State Of Bihar

2025-04-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21177 of 2025 Arising Out of PS. Case No.-492 Year-2024 Thana- KONCH District- Gaya ====================================================== 1.

Gaya Paswan Son of Late Ram Prakash Paswan Resident of Village- Konch, P.S-Konch, District-Gaya 2.

Upendra Paswan son of Late Ram Prakash Paswan Resident of VillageKonch, P.S-Konch, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Advocate For the State :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the informant.

2. The petitioners seek bail in connection with Konch P.S. Case No. 492 of 2024 registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109, 125, 352 and 103of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners and other persons are said to have brutally assaulted the deceased. The deceased sustained number of injuries and died on the next day of the occurrence.

4. It has been submitted by learned counsel for the petitioners that the petitioners is not named in the FIR. In the

Patna High Court CR. MISC. No.21177 of 2025(2) dt.23-04-2025 2/2 FIR, few accused persons are named and rest of the accused persons are not named. During investigation, the name of the petitioners have come. The petitioners are in custody since 21.11.2024.

5. Learned counsel for the informant has opposed the prayer for bail and has submitted that the accused persons have brutally killed the deceased after inflicting number of injuries.

6. Learned counsel for the informant further submits that he will examine all the witnesses on the date fixed and he will not delay the trial.

7. Considering the gravity of the offence, I am not inclined to grant bail to the petitioners.

8. Accordingly, the application stands dismissed.

9. If the trial is delayed by the prosecution, the petitioners may renew their prayer for bail.

(Sandeep Kumar, J) P. Kumar U T