Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60182 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Sanjay Paswan Son of Mahendra Paswan Resident of Village Leba, Police Station Maheshkhunt, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Sri Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Victim/deceased aged about ten years was given a stone blow by the petitioner over quarrel having in between his son along with the deceased during course of playing cricket. Learned counsel for the petitioner has submitted that informant is not an eye witness to occurrence. It has also been submitted that there was no intention or knowledge at the end of the petitioner that pelting of stone will ultimately cost life of the deceased. It has also been submitted that the allegation whatsoever may be, does not come within the purview of Section 302 of the IPC, so considering the period of detention, petitioner be released on bail.

On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that any observation at the present moment will affect the trial. During course of postmortem, doctor had found on external examination bruise mark in left side of occipital region of scalp back side of ear of size 2"x1". On internal examination there

Patna High Court Cr.Misc. No.60182 of 2017 (3) dt.18-01-2018 was compound fracture of skull bone at occipital region whereupon blood was found in skull cavity as well as laceration of brain.

The impact suggest that it was forceful blow which depicts the action of the petitioner and that being so, prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T