Krishna Kumar @ Kishun Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.22579 of 2016 (3) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22579 of 2016 Arising Out of PS.Case No. -237 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Krishna Kumar @ Kishun Paswan, Son of Chandra Shekhar Paswan @ Khokho, Resident of Village-Bagha, P.S.- Town (Lohia Nagar, O.P.), District: Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. S.Ehteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 237 of 2015 registered for the offences punishable under Sections 394 and 324 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, three persons on two motorcycles came, shot the informant Rahul Kumar in his left leg below the knee and due to fear the informant handed over the key then took Rs. 48,000/- from the counter and further snatched SIM of Vodafon and fled away. The informant claimed to identify the three miscreants after seeing. During investigation the petitioner and others were apprehended in Begusarai P.S. Case No. 326 of 2015 with arms and ammunitions and mobile, and further from possession of co-accused Manish Kumar Sahni cash of Rs. 1,000/-

Patna High Court Cr.Misc. No.22579 of 2016 (3) dt.13-07-2016 was recovered and on two notes name of Rahul Kumar was mentioned.

Submission is of false implication and that the petitioner has been remanded in this case from another case, he is suffering in custody since 13.08.2015 but he has not been put on TIP, nothing has been recovered from possession of the petitioner regarding this case and, as such, he deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that petitioner has got criminal antecedent as he is involved in 10 more cases.

In the facts and circumstances stated above, considering the criminal antecedent and alleged recovery, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Barauni P.S. Case No. 237 of 2015 pending in the Court of learned C.J.M., Begusarai. However, let the trial be expedited and concluded as early as possible preferably within a period of nine months from the date of receipt or production of a copy of this order. (Jitendra Mohan Sharma, J) sushma/- U T