Vikash Paswan @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43479 of 2022 Arising Out of PS. Case No.-243 Year-2020 Thana- BIKRAM District- Patna ====================================================== VIKASH PASWAN @ VIKASH KUMAR Son of Surendra Paswan Resident of Village - Arap, P.s.- Bikram, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has renewed his prayer for bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
The earlier application for bail of the petitioner was rejected vide order dated 16.12.2021 (Annexure-1) passed in Cr. Misc. no. 25150 of 2021.
As per the prosecution case, the petitioner is said to have assaulted the father of the informant with a lathi on his head while the other co-accused assaulted the informant's father with a brick on his chest.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.43479 of 2022(3) dt.09-11-2022 2/2 that the petitioner is in custody since 11.11.2020. The allegations are general and omnibus in nature. The petitioner is in custody for more than two years and there is no chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial.
The prayer for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having assaulted the father of the informant with a lathi on his head leading to his death together with the allegations having been supported from the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U