Malu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70298 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Malu Paswan Son of Hira Lal Paswan Resident of Village - Narainpur, P.S.- Piro (Hasanbazar), District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Piro (Hasan Bazar) P.S. Case No. 128 of 2021, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added. As per the prosecution case, petitioner is alleged to have assaulted the father of informant with iron rod on his head, causing his death.

It is submitted on behalf of the petitioner that there is conflict between manner of occurrence as alleged in the FIR and statement of informant's brother recorded during course of investigation. Petitioner is in custody since 08.08.2021 having no criminal antecedent.

Patna High Court CR. MISC. No.70298 of 2021(3) dt.25-04-2022 2/2 Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation of causing assault on the head of informant's father as a result of which he died. Postmortem report also corroborates the allegation against this petitioner and the doctor has found head injury to be the cause of death.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T