Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22301 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== PUJA KUMARI Wife of Dhiraj Paswan, D/o Kailash Paswan Resident of Village- Chaila, P.S.- Pakridayal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 332, 333, 353, 414, 120B, 147, 148 and 149 of the Indian Penal Code, sections 25(A), 25(1a), 25(1aa), 26, 27 and 35 of the Arms Act, sections 16, 18 and 20 of the U.A.P. Act and sections 3 and 4 of Explosive Act.

As per the prosecution case, on receiving information about accused persons belonging to the zonal committee of Maoist group having gathered, it is stated that police teams were constituted and they proceeded towards the accused persons. It is further stated that the Naxalites carried out I.E.D. blast and started indiscriminate firing on the police personnel. A number of persons on the informant's side were injured and in the counter firing by them, four accused persons

Patna High Court CR. MISC. No.22301 of 2021(3) dt.22-11-2021 2/2 were killed. Large number of incriminating articles including AK-47 rifles, detonators, cartridges etc. were recovered. Further, it is stated that six named accused persons including the petitioner herein managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. No incriminating article has transpired in course of investigation to connect her with the alleged crime. The petitioner is a lady and is in custody since 30.8.2020. Chargesheet has been submitted in the case. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is one of the six accused persons who managed to escape.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the details of the allegation and the petitioner being one of the six named accused persons in the F.I.R. together with the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T