Narendra Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13095 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== NARENDRA PATHAK S/o Late Raj Narayan Pathak R/o village- Anantpura, P.S.- Shivsagar, District- Rohtas (Bihar) ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Vikramdeo Singh, Advocate.
Mr. Sada Nand Roy, Advocate.
For the State :
Mr.Tarkeshwar Nath Thakur, A.P.P.
For the Informant :
Mr. Giridhar Gopal Tiwary, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant through Video Conferencing.
The petitioner seeks bail in connection with Sheosagar P.S. Case No.254 of 2019 registered under Sections 147, 148, 149 and 302 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Sub Divisional Judicial Magistrate, Rohtas at Sasaram.
The accusation is that in the evening of 10.07.2019, the petitioner along with other F.I.R. named accused came at the filed of the informant, where the informant, his father and brother were also present. Thereafter, they started to plough the
Patna High Court CR. MISC. No.13095 of 2020(3) dt.16-06-2020 2/2 field of the informant. When Rajvansh Pathak, the father of the informant, made protest, then Satyendra Pathak and Jitendra Pathak exhorted. Thereafter, all made firing and this petitioner fired at the father of the informant causing injury near the chest of the father of the informant. The father of the informant died on the spot.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case and is in custody since 24.01.2019. Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T