Arun Rajvanshi @ Gulel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11791 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- NAWADA District- Nawada ====================================================== Arun Rajvanshi @ Gulel Son of Late Krishna Rajvanshi Resident of Village - Thakur Sthan Rajgir, P.S.- Rajgir, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Chandra For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Nawada Town P.S. Case No. 212 of 2020 registered for the offence punishable under Sections 395, 397, 412 of the Indian Penal Code and Sections 25 (1-b)a/26/27 of the Arms Act.
Allegation against the petitioner is that he with other coaccused persons assaulted and looted the informant and his family members.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not
Patna High Court CR. MISC. No.11791 of 2021(2) dt.07-07-2021 2/2 committed any offence as alleged in the FIR. He submits that on the basis of suspicion and confessional statement of the co-accused petitioner has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of the present petition and has been languishing in custody since 06.03.2020. Learned APP for the State opposed the bail petition submitting that during the investigation the petitoner has been identified in T.I. parade.
In the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner in connection with Nawada P.S. Case No. 212 of 2020 pending in the court of learned C.J.M., Nawada.
Accordingly, the prayer for bail of the petitoner is hereby dismissed.
Trial Court is directed to expedite the trial of the petitioner. (Anjani Kumar Sharan, J) GAURAV S./- U T