Sadhu Paswan @ Sheshnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68977 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- INARWA District- West Champaran ====================================================== SADHU PASWAN @ SHESHNATH PASWAN S/o- Late Basdeo Paswan @ Basudev Paswan R/o Village- Barwa Parsauni, P.S.- Inarwa, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the petitioner as well as the learned counsel for the informant. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 149, 302, 504 and 506 of the Indian Penal Code, registered in connection with Inarwa P.S.Case No. 23 of 2022. As per allegation, the informant and his family members were sitting near their newly-built house. Meanwhile, the named accused persons, including the petitioner, came there. Some hot discussion took took place between them for measurement of the land. Thereafter, co-accused Awadhesh Paswan caught hold of the informant's brother Sheikh Kayamuddin and the petitioner assaulted him with a sword on

Patna High Court CR. MISC. No.68977 of 2022(2) dt.14-03-2023 2/2 his leg. Co-accused Ravi Paswan opened fire on the deceased, resulting in his death.

The learned counsel for the petitioner has submitted that there is no allegation against him for firing shot at the deceased. There is admittedly land dispute between the parties and for that a proceeding under Section 144 of the Cr.P.C. has also been initiated.

On the other hand, learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner is also the assailant of the deceased. He has submitted further that all the witnesses, except the doctor and the I.O., have been examined and they have supported the occurrence. There is also allegation on the petitioner that he assaulted the deceased with farsa and instigated co-accused Ravi Paswan, who opened fire on the person of the deceased. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) HR/- U T