Mandip Kumar Paswan @ Mandip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18642 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- BAUSI District- Araria ====================================================== MANDIP KUMAR PASWAN @ MANDIP KUMAR Son of Gurudev Paswan Resident of village - Tamghatti Ward No.- 17, P.S.- - Bousi, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioner along with others is of firing upon the brother of the informant, due to which he succumbed to injury.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that informant is no an eyewitness of the alleged occurrence. Petitioner is languishing in judicial custody since 16.12.2022.
Learned APP for the State and learned counsel for the
Patna High Court CR. MISC. No.18642 of 2023(3) dt.28-06-2023 2/2 informant has opposed the application for bail and submitted that there is specific overt act against the petitioner and the doctor opined that the death was caused by fire-arms injury, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial Court is directed to conclude the trial expeditiously.
(Sunil Kumar Panwar, J) arish/- U T