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2025 DAILYLAW 5133 (JHR)

MANOJ KUMAR PASWAN ALIAS MANOJ PASWAN v. THE STATE OF JHARKHAND

B.A./1105/2025 · 2025-02-10

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1105 of 2025 ------- Manoj Kumar Paswan @ Manoj Paswan, aged about 42 years, son of Birbal Paswan, resident of village Naudiha Khajuri, P.O. & P.S. Chhatarpur, District Palamau, Jharkhand. …... …. Petitioner(s) Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Prabhat Singh, Advocate For the State : Mr. Sanjay kumar Srivastava, A.P. P. -------- 02/ Dated 10.02.2025 Heard the parties. The petitioner has been made accused in connection with Chhatarpur P.S. Case No. 134 of 2024, for the offence registered under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 117(2), 74, 303(2) and 109 of Bharatiya Nyaya Sanhita and subsequently added Section 103(1) of Bharatiya Nyaya Sanhita, 2023, pending in the court of Sri P.N. Upadhyaya, learned Judicial Magistrate, Palamau. On 17.07.2024 at about 9:00 AM, free fight ensued between the informant party and the accused persons due to the land dispute. It is alleged that petitioner had given Farsa blow on the person of the father of the informant due to which he succumbed to his injuries. It was submitted that there is case and counter case between the parties with regard to the same occurrence. It was further submitted that in the case diary, some of the independent witnesses have stated that petitioner was not armed with Balua. It was also submitted that the informant party had encroached the public road due to which this occurrence had taken place. In view of the fact that there is direct allegation against the petitioner that he had given Balua blow upon the deceased, I am not inclined to release the petitioner, on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected. (Ambuj Nath, J.) BS/-