Mukesh Paswan @ Mukesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26658 of 2020 Arising Out of PS. Case No.-144 Year-2020 Thana- JOKIHAT District- Araria ====================================================== Mukesh Paswan @ Mukesh Kumar Paswan Son of Vishan Lal Paswan Resident of Village- Dharmeshwar Gachh, Ward No.13, P.S.- Jokihat DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Jokihat P.S. Case No. 144 of 2020 registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner caused injury on the head of the informant by khanti. It is submitted on behalf of petitioner that there is general and omnibus allegation. No specific overt act has been alleged against this petitioner. There is case and counter case. It is further submitted that a title suit, vide Title Suit No. 169 of 2020, is going on between the parties. The petitioner is in custody since 08-05-2020.

Patna High Court CR. MISC. No.26658 of 2020(3) dt.01-12-2020 2/2 However, counsel for the State opposed the bail application and submitted that in paragraph - 3 of the bail petition, it has been stated that petitioner has got no criminal antecedent, but as per his instruction, petitioner has got criminal antecedent and he is accused in altogether four cases. It is further submitted that as per FIR, the petitioner caused grievous injury on the head of the informant by Khanti. Considering the nature of accusation and the fact that petitioner has caused grievous injury on the head of the informant, I am not inclined to grant bail to the petitioner and accordingly, same is rejected.

(Prabhat Kumar Singh, J.) anay/- U T