Patna High CourtCR. MISC./24541/2023bail rejected

Khiri Paswan v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24541 of 2023 Arising Out of PS. Case No.-120 Year-2018 Thana- PALANWA District- East Champaran ====================================================== Khiri Paswan Son Of Amaldeo Paswan R/V- Pakhanhiya Ps- Palwan DistEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar, No 2, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Palanwa P.S. Case no.120 of 2018 registered under sections 307, 147, 148, 149, 447, 448, 341, 323, 324, 325, 379, 387, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, six named accused persons including the petitioner herein are said to have assaulted the informant with a knife on his head.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The injury report of the informant which has been brought on record as Annexure-2 to the application does not support the prosecution case of assault by so many persons, besides the

Patna High Court CR. MISC. No.24541 of 2023(2) dt.18-05-2023 2/2 injury having been found to be simple in nature. The petitioner is in custody since 18.2.2023 and has no criminal antecedent.

5. Learned A.P.P for the State opposes the prayer for bail submitting that the case being of the year 2018, the petitioner absconded for a period of 4 years till he was taken into custody on 18.2.2023.

6. Having heard learned counsel for the parties and taking into consideration the allegation of assault on the petitioner with a knife which is confirmed from the injury report of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Shiv/- U T