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Patna High CourtCR. MISC./38432/2024bail rejected

Umesh Paswan v. The State Of Bihar

2024-05-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38432 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Umesh Paswan Son of late Lal Bachan Paswan @ Lal Bahadur Paswan Resident of Village- Devdhia, P.S- Rajpur, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 262 of 2023 lodge on 30.06.2023 under Section 147, 149, 302, 307, 120(B)a, 504, 506 of the IPC and u/s25(1-B)a 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against eight named accused persons including the present petitioner. The allegation against all the accused persons including the petitioner is of assaulting the husband and son of the informant and firing due to which the husband of the informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.38432 of 2024(2) dt.30-05-2024 2/2 further submits there is no allegation of firing against the petitioner. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 24.11.2023. The petitioner has no concern with the alleged occurrence.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner in connection with Rajpur P.S. Case No. 262 of 2023, pending before the learned A.D.J. IV, Buxar.

7. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge. (Dr. Anshuman, J) annpurna/- U T