Sita Ram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75828 of 2024 Arising Out of PS. Case No.-103 Year-2022 Thana- BHARGAMA District- Araria ====================================================== Sita Ram Paswan Son of Late Musharu Paswan Resident of village- Khutha, Baidnathpur, East Charaiya, Ward No. 10, P.S- Bhargama, Distt.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 447, 354-B, 302, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, this petitioner ordered the father of informant to remove his house as the land belonged to him, on which an altercation took place between informant's father and this petitioner. It is alleged that all the FIR named accused persons including this petitioner and 10 unknown persons assaulted informant and his family members. This petitioner assaulted on the head of informant's father with axe, as a result
Patna High Court CR. MISC. No.75828 of 2024(3) dt.07-02-2025 2/2 of which he sustained injury and during course of treatment died.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. Allegation of assault is general and omnibus. Petitioner has got clean antecedent. He is in custody since 31.05.2024.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail by contending that there is direct and specific allegation against this petitioner that he assaulted on the head of informant's father with axe due to which he died.
6. Considering the nature of accusation and gravity of offence, prayer for bail of the petitioner is rejected.
7. The trial Court is directed to conclude the trial expeditiously within a period of one year from the date of receipt of this order.
(Prabhat Kumar Singh, J) utkarsh/- U T