Babli Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37510 of 2019 Arising Out of PS. Case No.-739 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== BABLI MIYA Son of Sabu Miya @ Sahab Tanbeer Resident of Village - Khetari, P.S.- Ara Nagar, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is accused in connection with Sessions Trial No. 117 of 2019 arising out of Ara Nagar P.S. Case No. 739 of 2018 registered under sections 387, 302, 307/34 of the I.P.C. and section 27 of the Arms Act pending in the Court of A.D.J.-IX, Bhojpur at Ara.
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 custody since 13.12.2018.
Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that petitioner is named in the F.I.R. On perusal of the First
Patna High Court CR. MISC. No.37510 of 2019(3) dt.11-09-2019 2/2 Information Report itself, it appears that there is direct allegation of firing against the petitioner and one other accused person causing injury to the informant. The witnesses have also supported the prosecution version in the case diary. Hence, the petitioner does not deserve privilege of bail. 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.
(Arvind Srivastava, J) shailendra/- U T