Partly allowed

Vikash Paswan v. The State of Bihar

Patna HC16 Dec 2021CR. MISC./25150/2021

Case brief

AI extract

What is this about?

This bail application arising under IPC Sections 307 and 302 was heard regarding charges of assault causing danger to life. The Court rejected bail for Petitioner 1, considering the post-mortem report costs. Petitioner 2 was directed to be released on bail with a surety bond.

What did the court decide?

Application rejected as far as Petitioner 1 is concerned; Petitioner 2 enlarged on bail upon furnishing bond of Rs. 10,000 and two sureties.

Vikash Paswan Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25150 of 2021

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Arising Out of PS. Case No.-243 Year-2020 Thana- BIKRAM District- Patna

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

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VIKASH PASWAN Son of Dholak Paswan @ Surendra Paswan Resident of Village - Arap, P.S.- Bikram, Distt.- Patna.

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Manish Paswan @ Manish Kumar Son of Dholak Paswan @ Surendra Paswan Resident of Village - Arap, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rina Sinha, Advocate Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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3 16-12-2021 Heard learned counsel for the parties.

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The petitioners have preferred this application for

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grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

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As per the prosecution case, the petitioner no. 1 is stated to have assaulted the father of the informant with a lathi on his head while the petitioner no. 2 is stated to have assaulted the informant's father with a brick on his chest.

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It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been described in

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Patna High Court CR. MISC. No.25150 of 2021(3) dt.16-12-2021 2/2

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the FIR. The petitioners are in custody since 11.11.2020 and have no criminal antecedent.

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Heard learned APP for the State.

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Having heard learned counsel for the parties and taking into consideration the facts of the case including the contents of the postmortem report, the Court is not inclined to enlarge the petitioner no. 1 on bail and the application so far as petitioner no. 1 is concerned, is rejected.

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The Court directs the petitioner no. 2 to be enlarged on bail in connection with Bikram P.S. Case no. 243 of 2020 (G.R. no. 4284 of 2020) on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Danapur, Patna.

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(Partha Sarthy, J)

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Prakash/-

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Vikash Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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