Makeshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36345 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- SURYAGARHA District- Lakhisarai ====================================================== Makeshwar Paswan, Son of Late Jagdish Paswan, Resident of VillageShaidpura, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Initially the F.I.R. named accused persons including the petitioner started assault to the husband of the informant in presence of the informant and in that course the petitioner allegedly caused injury at the stomach of the husband of the informant with Hasua (a sharp penetrating weapon of cut), as a result whereof the husband of the informant died. The postmortem report would reveal that the Doctor has found multiple damages of the internal organs, including the kidney as well as small intestine due to injury to the deceased.

Patna High Court Cr.Misc. No.36345 of 2018(4) dt.28-08-2018 2/2 Learned counsel for the petitioner submits that petitioner is in custody since 07.10.2017. Even, if the prosecution allegation is assumed to be correct this may be a case of culpable homicide because occurrence took place in a sudden fight without premeditation, as the petitioner was not carrying weapon with himself when he reached at the place of occurrence.

Considering the nature of allegation, I am not inclined to enlarge the petitioner, above named, on bail for the present. Hence, his prayer for bail is refused in connection with Sessions Trial No.30 of 2018, arising out of Surajgarha Police Station Case No.178 of 2017 pending in the court of learned Sessions Judge, Lakhisarai.

The petitioner may renew his prayer for bail, if the trial is not concluded within nine months from the date of receipt/production of copy of this order.

The learned trial court is directed to expedite the trial.

(Birendra Kumar, J) abhishek/- U T