Patna High Court
Khelawan Paswan @ Khelawan HajraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- KHATIM REZA
Holding
The court held that the specific allegation that the petitioner was the principal assailant causing the death of the informant's brother warrants denial of bail.
Summary
Khelawan Paswan applied for regular bail in a case where he is alleged to have assaulted the informant's brother with a Gadasa, causing fatal injuries. The prosecution alleges that Paswan was the principal assailant and that the victim died as a result of the assault. Paswan's counsel argued that the injury was caused by a blunt object, not a sharp weapon, and that the allegations against him are false. The informant's counsel contended that Paswan was indeed the main assailant and that the victim's death was directly due to his actions. The court, noting the specific allegation of Paswan being the principal assailant causing death, declined to grant bail and directed the trial court to expedite the trial within a year.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial despite the allegation of causing death
- Whether the specific allegation of being the principal assailant justifies denial of bail
Legislation cited
- Bhartiya Nyaya Sanhita — s. 103(1), 115(2), 1182, 191(2), 329(3), 352
Subjects
- bail
- assault
- homicide
- criminal procedure
- Bhartiya Nyaya Sanhita
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71175 of 2025
Arising Out of PS. Case No.-416 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
Khelawan Paswan @ Khelawan Hajra Son of Ramji Paswan @ Ramji Hajra
Resident of Village - Laukaria Manjhi Mushahari Tola Ward No. 3, P.S.-
Bairiya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhirup, Advocate
For the State : Mr. Zainul Abedin, APP
For the informant : Mr. Bimlesh Kumar Pandey, Advocte
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Bairiya
P.S. Case No. 416 of 2024 dated 25.11.2024 instituted for the
offence punishable under Sections 191(2), 329,(3), 352, 115(2),
1182), 103(1) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, in short, is that on the alleged
date of occurrence, the petitioner and the other co-accused
persons were alleged to have come at the door of the informant
and the petitioner abused the informant’s father and on protest,
the petitioner assaulted on the head of the informant’s father
with ‘Gadasa, due to which he became unconscious. It is alleged
that he died in course of treatment. It is further alleged that
Patna High Court CR. MISC. No.71175 of 2025(4) dt.21-01-2026
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America Manjhi and Achhel Lal Manjhi were also assaulted
when they came to pacify the matter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that there is specific allegation
against the petitioner that he assaulted with ‘Gadasa’ on the
head of the father of the informant. Other accused persons
assaulted with lathi on the head of informant’s uncle. Learned
counsel for the petitioner submits that the post-mortem report
reveals that the injury was caused by hard and blunt substances
and not by the sharp cutting weapon which falsify the case of
the petitioner. Lastly, it has been submitted that the petitioner is
in custody since 06.12.2024 having two criminal cases against
him. Charge-sheet has been submitted in the case.
5.On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for bail. Learned counsel for the informant submits that
the petitioner is the main assailant, who assaulted the deceased
on his head. It is further submitted that due to mistake, it has
been recorded in the fardbeyan that the petitioner assaulted on
the head of the ‘father of the informant’ instead of the ‘brother
of the informant’, however, the father of the informant died
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much prior to the alleged date of occurrence. It is further
submitted that the deceased is the brother of the informant. This
fact has already been noted in re-statement of the informant as
well as the statement of the witnesses in many paragraphs of the
case diary. It is further submitted that due to assault by the
petitioner, the deceased succumbed to the injuries.
6. Since there is specific allegation against the
petitioner that he assaulted the brother of the informant with
‘Gadasa’ due to which he died during course of treatment, I am
not inclined to grant bail to the petitioner at this stage.
7. Accordingly the prayer for grant of regular bail of
the petitioner is rejected.
8. The learned trial court is directed to expedite the
trial and take all endeavour to conclude the trial at the earliest,
preferably, within a period of one (1) year from the date of
receipt or production of a copy of this order.
(Khatim Reza, J)
premchand/-
U T
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