Patna High CourtCR. MISC./7608/2016rejected

Nageshwar Paswan v. The State Of Bihar

2016-04-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7608 of 2016 Arising Out of PS.Case No. -137 Year- 2012 Thana -DULHIN BAZAR District- PATNA ====================================================== Nageshwar Paswan son of Late Chandra Paswan, Resident of Village- Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Dulhin Bazar P.S. Case No. 137 of 2012 registered for offence under sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

Allegation has been made that number of persons have assaulted the informant and her husband. In the first information report there is an allegation that Nageshwar Paswan, the present petitioner had given lathi blow on the head of the victim who died subsequently. The counsel for the petitioner submits that other persons have also assaulted the victim, the petitioner cannot be

Patna High Court Cr.Misc. No.7608 of 2016 (5) dt.18-04-2016 2/2 only held responsible for the cause of the death of the victim. He further submits that other co-accused persons have already been granted bail.

On perusal of the first information report and the statement recorded by the Police, there is a distinction between the case of the petitioner and others.

In such view of the matter, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this petition is dismissed. The petitioner may renew his prayer for bail after six months from the date of receipt/production of a copy of this order.

(Shivaji Pandey, J) Mahesh/- U T