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Patna High CourtCR. MISC./31248/2020rejected

Paramhansh Bind v. The State Of Bihar

2021-04-06Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31248 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Paramhansh Bind, S/o Megha Bind Resident of Village-Orgain, Police Station-Bhagwanpur, District-Kaimur (Bhabua). 2.

Vakil Bind S/o Ramashankar Bind Resident of Village-Orgain, Police Station-Bhagwanpur, District-Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-04-2021 Heard learned counsel for petitioners and learned counsel for the State.

It has been submitted by the learned counsel for the petitioner that during pendency of this petition petitioner No. 2 Vakil Bind was arrested, as such, the anticipatory bail petition on his behalf become infructuous and is, accordingly, being dismissed.

Petitioner no. 1 Paramhansh Bind is apprehending his arrest in a case for the offences registered under Sections

Patna High Court CR. MISC. No.31248 of 2020(2) dt.06-04-2021 2/3 147, 148, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code.

Informant has alleged that while she was coming to her Maika on the occasion of Holi on 10.03.2020 at 3:30 P.M. in the way of her village, she saw that near the house of Chandrama Singh, petitioner along with other accused persons were assaulting her father by means of lathi and danda to pressurize him to compromise the case of murder of his son. Thereafter as she came forward to save her father, petitioner no.1 (Paramhansh Bind) opened fire at her father, to which one Suresh Singh warded off by changing direction of his hand, due to which, life of her father was saved and, thereafter, petitioner including all co-accused persons also assaulted the informant on her head by lathi causing serious head injury and she was rushed to hospital where she is being treated. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to village politics.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant privilege of pre-arrest bail to petitioner no.1 Paramhansh Bind. Hence, the prayer for bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.31248 of 2020(2) dt.06-04-2021 3/3 However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merit without being prejudiced by this order. (S. Kumar, J) Rajiv/- U T