Dismissed

Mithilesh Paswan v. The State Of Bihar

Patna HC6 Feb 2019CR. MISC./77288/2018

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's prayer for bail in a murder case. Despite the wife being granted bail, the Court found specific allegations marinating the petitioner's guilt and denied relief. The trial court was directed to conclude the trial within nine months.

What did the court decide?

Prayer for bail rejected. Trial to conclude within nine months; liberty to renew bail prayer if not concluded then.

Mithilesh Paswan Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.77288 of 2018

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Arising Out of PS. Case No.-48 Year-2018 Thana- CHAORI District- Bhojpur

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======================================================

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Mithilesh Paswan, s/o Janeshwar Paswan r/Vill-Athpa, P.S-Chauri, Distt.Bhojpur

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... ... Petitioner/s

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Versus

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The State Of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Sri Indra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA

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ORAL ORDER

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4 06-02-2019

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Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in Chauri P.S. Case No. 48/2018, instituted for offence under Section(s) 302/34 of the Indian Penal Code.

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It is alleged in the written report that informant learnt by telephone by her Nanad that this petitioner along with his wife has caused death of her husband by giving Chaku blow.

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Case diary has been received in this case, wherein father, mother and sister of the deceased have stated in paragraphs 8, 9 and 10 that this petitioner along with his wife gave Chaku blow to the deceased on account of altercation.

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Learned Addl. P.P. has submitted that in post-mortem report doctor has found one incised wound of size 3”x2”xcavity deep over left side of chest and one incised wound of size

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Patna High Court Cr.Misc. No.77288 of 2018(4) dt.06-02-2019 2/2

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3”x2”xcavity deep over back.

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Learned counsel for the petitioner has submitted that wife of this petitioner has already been granted bail by this Court in Cr. Misc. No. 55715/2018 dated 20.09.2018.

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This Court finds that informant and other witnesses have levelled specific allegation against this petitioner of giving Chaku blow to the husband of informant along with his wife.

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In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

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From the impugned order it appears that charge has already been framed in this case and one witness has been examined.

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The trial court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within nine months from the date of receipt of copy of order.

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Petitioner is given liberty to renew the prayer for bail in the event trial is not concluded within aforesaid period.

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(Sanjay Priya, J)

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rakhi/-

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U T

Mithilesh Paswan v. The State Of Bihar

Case brief

What is this about?

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Mithilesh Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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