Patna High CourtCR. MISC./33020/2016dismissed

Ajay Kumar @ Pintu Lal Deo v. The State Of Bihar

2016-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33020 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Ajay Kumar @ Pintu Lal Deo Son of late Mahesh Lal Deo Resident of village- Shivram, P.S.- Baheri, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar For the Opposite Party : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.12.2015 in connection with Baheri P.S. Case No. 270 of 2015 for the alleged offences under Sections 302, 386, 387, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as he has not been named in the FIR and claims clean antecedents.

4. Learned APP for the State on the other hand opposes the bail petition relying on the case diary containing statements of various witnesses which shows the complicity of the petitioner in the alleged offence. He relies on the statements of witnesses Rishi Jha (para 98), Munni Devi (para 150) and Abhishek Jha (para 357) as well as the C.D.R. details of the petitioner's mobile phone (paras 184 and 185) to show that the petitioner was present at the place of occurrence. The bail petitions of some of the other co-accused persons have been rejected by this Court in Cr. Misc. No. 12782 of 2016 and Cr. Misc. No. 31112 of 2016 along with Cr. Misc.

Patna High Court Cr.Misc. No.33020 of 2016 (3) dt.18-10-2016 No. 33820 of 2016.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U T