Patna High CourtCR. MISC./48814/2016dismissed

Shyamdeo Paswan v. The State Of Bihar

2017-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48814 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Shyamdeo Paswan Son of Jaddu Paswan Resident of Village- Madhopur, P.S.- Bibhutipur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Bibhutipur PS case no. 144/2016 for the offence under Section 307 and other sections of the Indian Penal Code. It has been submitted on behalf of petitioner that from perusal of the FIR, it appears that petitioner had no intention to kill the deceased and no case under Section 302 of Indian Penal Code is made out. It is further submitted that statement of one witness Rita Devi has been recorded during investigation of case who has stated that all the accused persons assaulted the informant. It is further submitted that no specific allegation has been alleged against the petitioner and he is in custody since

Patna High Court Cr.Misc. No.48814 of 2016 (3) dt.16-01-2017 2/2 14.06.2016.

Heard learned A.P.P. and learned counsel for informant also. Learned counsel for informant submitted that there is direct allegation of assault which caused death of deceased. Having heard both sides. It appears that there is direct allegation of assault by lathi on the head of informant, due to which, he died. As such, I am not inclined to enlarge the petitioner on bail. Accordingly, application for bail is rejected. I come to know that the case has not yet been committed to the Court of Sessions. Learned court below is directed to expedite the commitment of the case of the petitioner and consequently expedite the trial of the petitioner.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T