Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60732 of 2021 Arising Out of PS. Case No.-340 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== MAHESH PASWAN S/o Gopal Paswan R/o village- Rampura, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 147, 148, 149, 323, 325, 341 and 504 of the Indian Penal Code. As per the prosecution case, the petitioner is said to have given a blow with an iron rod on the head of the husband of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There was a free fight between the parties and the manner of occurrence is other than what has been narrated in the FI.R. Even accepting the allegations for the sake of argument, it is submitted that it is a case of single blow. There was no repetition of blow. The petitioner is in custody since 23.7.2021

Patna High Court CR. MISC. No.60732 of 2021(3) dt.09-05-2022 2/2 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having given a blow with an iron rod on the head of the husband of the informant which is supported form the contents of the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is reject.

(Partha Sarthy, J) Bibhash/- U