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Patna High Court

Khelawan Paswan @ Khelawan HajraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
           Patna High Court CR. MISC. No.71175 of 2025(4) dt.21-01-2026
                                                       3/3




                     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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