Patna High CourtCR. MISC./39370/2020bail rejected

Rajkumar Paswan v. The State Of Bihar

2021-02-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39370 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana-BARGAINIA District- Sitamarhi ====================================================== Rajkumar Paswan Son of Satya Narayan Paswan Resident of Village - Madhuchhapra, Ward No.- 11, P.S.- Bairgania, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner, informant and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Bairgania PS Case No. 80 of 2020 instituted for the offence under Sections 341,323,324,307 and 504/34 of the Indian Penal Code and Sections 27 of the Arms Act.

The allegation is that the petitioner has assaulted the informant by firearm.

Learned counsel for the petitioner submits that the injury report opines the injury to be simple in nature. The petitioner is in custody since 01.05.2020 and that it is a case of false implication.

The learned counsel for the informant and APP have opposed the prayer for bail. They have submitted that gunshot injury stands

Patna High Court CR. MISC. No.39370 of 2020(3) dt.12-02-2021 2/2 corroborated by the injury report (Annexure-2). Specific assault is alleged against the petitioner himself.

Considering the rival submissions, this Court, for the present, is not inclined to extend the privilege of bail to the petitioner.

Prayer for bail stands rejected.

(Madhuresh Prasad, J) shyambihari/- U T