Patna High CourtCR. MISC./42426/2017disposed

Mishri Paswan v. The State Of Bihar

2017-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42426 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Mishri Paswan, Son of Budhu Paswan @ Guddu Paswan, Resident of Village- Birjpur, P.S.- Noorsarai, District- Nalanda. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Noorsarai P.S. Case No. 78 of 2017 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant but did not hit anybody and firing of co-accused hit on wife of informant causing her death.

Submission of learned counsel for the petitioner is that firing of the petitioner did not hit anybody and so far criminal antecedents are concerned, he is on bail in those cases. Further submission is that he is in custody since 29.3.2017. Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.42426 of 2017 (2) dt.14-09-2017 2/2 informant. Learned counsel for the informant has vehemently opposed the prayer for bail stating that petitioner is accused in three other cases and now case has been committed and fixed for framing of charge.

Having heard both sides and in view of facts and circumstances, this application is disposed of with a direction to trial court that once charge has been framed against the petitioner, he will release him on bail his own satisfaction, if application for bail is filed on behalf of the petitioner.

(Vinod Kumar Sinha, J) spal/- U