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Patna High CourtCR. MISC./36023/2019rejected

Mahabir Paswan v. The State Of Bihar

2019-09-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36023 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== MAHABIR PASWAN Son of Bikrama Paswan @ Bikrama Ram Resident of Village - Barka Dumara, P.S.- Arrah Muffasil, District- Bhojpur at Arrah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Ara Muffasil P.S. Case No. 01 of 2019 registered under sections 307, 504/ 34 of the I.P.C. pending in the Court of C.J.M., Bhojpur at Ara and later on, section 302 of the I.P.C. was added. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is in jail custody since 04.02.2019 and he has no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that there is specific allegation against the petitioner, which is supported by the witnesses in different paragraphs of the case diary.

Patna High Court CR. MISC. No.36023 of 2019(3) dt.02-09-2019 2/2 Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T