Krishna Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15183 of 2021 Arising Out of PS. Case No.-149 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== KRISHNA JAISWAL, Son of Dinesh Jaiswal @ Pappu Jaiswal @ Dinesh Sah, R/o Village- Nuaon, P.S.- Ramgarh (Nuaon), District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 149, 323, 324, 302, 307, 34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the informant and his family member by means of knife due to which the father of the informant died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.15183 of 2021(2) dt.27-07-2021 2/2 case. He further submits that there is case and counter case between the parties and there is land dispute between them. The allegation against the petitioner who assaulted the informant and father of the informant by means of knife. The petitioner is in jail custody since 12.07.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition. Learned counsel for the informant as well as learned APP for the State vehemently opposed the prayer for bail petition and submits that there is direct allegation against the petitioner who assaulted the deceased by means of knife. Considering the aforesaid facts and circumstances of the case, petitioner is main assailant, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Ramgarh (Nuaon) P.S. Case No. 149/2020, G.R. No. 1299/2020 from the Court of learned C.J.M., Kaimur at Bhabua.

Accordingly, this application is dismissed for the present.

(Anjani Kumar Sharan, J) amitkumar/- U T