Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46745 of 2021 Arising Out of PS. Case No.-458 Year-2018 Thana- FATUA District- Patna ====================================================== MAHESH PASWAN Son of Late Basu Paswan, Resident of Village - Hazipur, P.S.- Fatuha, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha, Adv.

For the State :

Mr.Ajay Kumar Jha, APP For the Informant : Mr. Pramod Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.

Petitioner seeks bail in connection with Fatuha P.S. Case No.458 of 2018 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected twice on merit by this Court vide Cr.Misc.No.49426 of 2019 and Cr.Misc.No.36735 of 2020 dated 25.09.2019 and 10.02.2021 respectively. Petitioner is in custody since 03.10.2018. Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail and submitted

Patna High Court CR. MISC. No.46745 of 2021(3) dt.06-10-2021 2/2 that earlier prayer for bail of the petitioner has been rejected twice on merit and now there is no fresh ground available on record to reconsider the prayer for bail of the petitioner. Hence, the petitioner does not deserve to be enlarged on bail. Considering the facts and circumstances of the case as well as the fact that there is no fresh material available on record, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. (Arvind Srivastava, J) Harish/- U T