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Patna High CourtCR. MISC./18479/2016rejected

Gorakh Paswan v. The State Of Bihar

2016-06-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18479 of 2016 Arising Out of PS.Case No. -1 Year- 2005 Thana -PIPRA District- PATNA ====================================================== Gorakh Paswan, Son of Rajdeo Paswan, Resident of village - Deokuli, P.S. Pipra, District - Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Pipra P.S. Case No. 01 of 2005, registered under Sections 147, 148, 149, 302 and 120(B) of Indian Penal Code and Section 27 of the Arms Act, pending in the Court of S.D.J.M., Masaurhi, Patna.

The accusation is that nine persons, including the petitioner, surrounded the father of the informant, out of which Brind Singh, Lathi Singh, Sudhir Singh and this petitioner started firing indiscriminately upon the father of the informant, who died on the spot.

Learned counsel appearing on behalf of the petitioner submits that co-accused Brind Singh and others have been acquitted on 03.08.2010 by the Court of Addl. Sessions Judge-IX, Patna. Further submission is that petitioner is in custody since 17.10.2015.

Patna High Court Cr.Misc. No.18479 of 2016 (3) dt.22-06-2016 2/2 Learned counsel for the State vehemently opposed the prayer of the petitioner and submitted that petitioner in connivance with others murdered the father of the informant. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J.) manish/- U T