Dillu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37655 of 2021 Arising Out of PS. Case No.-65 Year-2019 Thana- BELCHHI District- Patna ====================================================== DILLU PASWAN S/O LATE GULAB PASWAN R/o village- Belchhi, P.S.- Belchhi, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the State :

Mr.Binod Kumar For the Informant : Mr. Shambhu Narain Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, this petitioner assaulted the father-in-law of informant with Khanti on his head causing grievous injury as a result of which he died. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner is not the assailant of the deceased rather the assailant is co-accused, Fagu Paswan, and this fact also finds support from the post mortem report in which

Patna High Court CR. MISC. No.37655 of 2021(2) dt.07-01-2022 2/2 the doctor found two injuries on the head of deceased. Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner that he assaulted the father-in-law of informant with Khanti on his head as a result of which he died.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T