Patna High CourtCR. MISC./49767/2016rejected

Suryabansh Paswan v. The State Of Bihar

2017-03-06Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.49767 of 2016 (5) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49767 of 2016 Arising Out of PS.Case No. -259 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Suryabansh Paswan Son of Babu Ram Paswan, Resident of VillageSansha Tola, Bhuletan Bigha, P.S.- Daudnagar, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 21.07.2016 in connection with Daudnagar P.S. Case No. 259 of 2014 registered under Sections 147, 148, 149, 323, 326, 302, 307, 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case on account of dispute of Rasta. In fact, altogether 12 persons have been named in the F.I.R. and there is allegation of assault by sword on the head of the father of the informant against the petitioner but no any sharp cut or sword injury has been found on the person of the deceased, which is evident from Post Mortem Report, annexure-3. Moreover some of the accused persons have already been granted bail by the High Court. The petitioner is in custody for the last seven

Patna High Court Cr.Misc. No.49767 of 2016 (5) dt.06-03-2017 months.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that there is direction allegation of assault by means of sword on the head of the deceased against the petitioner, resultantly, the deceased died.

Considering the facts and circumstances of the cae and the nature of accusation, this Court is not inclined to grant bail to this petitioner. Accordingly, the prayer for bail of this petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T