Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39569 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== MUKESH PASWAN Son of Rameshwar Paswan Resident of Mohalla - Anderkila, Buddha Colony, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Hajipur Town P.S. Case No. 662/2018, instituted for offences under Section(s) 147, 148, 149, 295(A), 153(A) and 302 of the Indian Penal Code read with Section 27 of Arms Act.

It is alleged in the written report that during procession of Muharram firing took place with intention to disturb communal harmony. It is alleged that two persons, namely, Md. Shahnawaz Kuraishi and Aarif Khan @ Aariyan Khan sustained firearm injury in his chest and abdomen respectively. It is further alleged that petitioner caused firearm injury on the chest of son of informant, namely, Shahnawaz Kuraishi and co-accused Raju Mahto caused firearm injury in

Patna High Court CR. MISC. No.39569 of 2019(3) dt.27-08-2019 2/2 the abdomen of Aarif Khan.

Learned Addl. P.P. has submitted that in para 6 and 10 of case diary witnesses have levelled direct allegation against this petitioner of causing firearm injury on the chest of deceased Shahnawaz Kuraishi. In post-mortem report doctor has found firearm injury on the chest of deceased, which is attributed against this petitioner.

Considering the fact that there is direct allegation against this petitioner of causing firearm injury on the chest of son of informant, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) rakhi/- U T