Biru Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 32698 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== BIRU PANDIT, aged about 35 years, Gender - Male, S/o Late Lochan Pandit R/o village- Hardiya Sector- 'D', P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Krishna Prasad Singh, Sr Advocate with Mr Bhaskar Shankar, Advocate For the I n f o r m a n t :

Mr Ramakant Sharma, Sr Advocate with Mr Rajesh Kumar, Advocate For the S t a t e :

Ms Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned Senior Counsel for the petitioner, learned APP for the State as well as learned Senior Counsel for the informant.

Petitioner is accused in a case registered under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioner is of causing firearm injury on the head of the victim, after the initial blow by other co-accused. Learned Senior Counsel for the petitioner submits that the allegations are not corroborated by the post mortem report wherein only one gunshot injury has been found though allegation in the first information report is that the petitioner had

Patna High Court CR. MISC. No.32698 of 2019(3) dt.17-08-2019 2/2 fired twice. The petitioner is said to be present in a Court at the time of occurrence and, as such, the prosecution story is false and fabricated.

Learned counsel for the informant submits that the post mortem report corroborates firearm injury on the head. He further submits that in investigation, it has come that Presiding Officer, where petitioner had submitted his appearance in the morning on the fateful day, i e, on 02.02.2019, was on leave and, as such, there was no proceeding in the Court on that day. Petitioner is accused in another case also, i e, Rajauli Police Station Case No 94 of 2005. He is in custody in this case since 27.02.2019.

This Court, in the facts and circumstances and having regard to the submissions, is not inclined to allow the petitioner's prayer for bail. The same is rejected. (Madhuresh Prasad, J) M.E.H./- U