IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53194 of 2021

Arising Out of PS. Case No.-10 Year-2021 Thana- SONEPUR District- Saran

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Sanjay Paswan Son of Devanand Paswan R/o Village- Karamchak, P.S.-

Sonpur, Dist.- Saran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Pramod Kumar Singh, Advocate

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

14-02-2022

Heard learned counsel for the petitioner and Shri Bal

Mukund Prasad Sinha, learned A.P.P. for the State through

virtual court proceedings.

The petitioner seeks bail in connection with Sonpur

P.S. Case No. 10 of 2021 instituted for the offences under

Sections 147,148, 149, 323, 324, 504, 302 and 34 of the Indian

Penal Code.

Learned counsel for the petitioner submits that the

petitioner is in custody since 22.03.2021, is a person with clean

antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that the

informant in the F.I.R. alleges that petitioner’s buffalo was

grazing crops in the informant’s field and when the same was

objected by the son of the informant (Rupesh, deceased), the

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petitioner inflicted khanti blow on the head of the son of the

informant due to which he sustained injury, further when second

son of the informant went to save his brother, he was also

assaulted leading to injuries. It is further alleged that Rupesh

died during the course of treatment at P.M.C.H.

Learned counsel for the petitioner submits that

altogether five persons have been named in the F.I.R. and the

police arrested the petitioner and one Khulla Devi while with

respect to the other three accused, the investigation is still going

on as they have taken plea of allibi. Learned counsel further

submits that form perusal of the allegation as alleged in the

F.I.R. it would manifest that the occurrence took place on a

trivial issue and it appears that since this petitioner was carrying

a khanti while his animals were grazing and on objection by the

son of the informant, a verbal duel took place between the two

and on account of which, the occurrence took place. Learned

counsel further submits that petitioner is not a criminal and is

aged about 47 years and may be on the spur of the moment, the

occurrence might have taken place though the same presently

remains in the realm of allegations only.

Learned A.P.P. for the State vehemently opposes the

prayer for bail of the petitioner and submits that there is

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allegation against the petitioner of inflicting khanti blow on the

head of the son of the informant leading to his death. Learned

A.P.P. fairly submits that might be that this was the first offence

of the petitioner and might have taken place on the spur of the

moment but then the force with which the assault was made was

absolutely not required.

Considering the submissions of the learned A.P.P. for

the State, the Court, for the present, is not inclined to grant bail

to the petitioner. His prayer for bail is thus rejected.

Rishi/-

(Satyavrat Verma, J)

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