Bindu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71794 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- KARAI PARSURAI District- Nalanda ====================================================== Bindu Paswan S/o Nandu Paswan, Resident of Village- Makhdumpur, P.S.- Karay Parsurai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Karay Parshurai P.S. case No.84 of 2017 registered under Sections 307/34 of the Indian Penal Code and 27 of Arms Act, pending in the court of Addl. Chief Judicial Magistrate 1st, Hilsa, Nalanda. Later on, Section 302 has been added.

Allegation is that the petitioner fired on Feku Paswan by country made katta, on account of which he sustained grievous injuries. He was taken to the Hospital for treatment. In course of treatment, he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.6.2018 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.71794 of 2018(3) dt.09-05-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is said to have fired upon the deceased, which led to his death. The petitioner is the assailant.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The court below is directed to expedite the case. (Sudhir Singh, J) Narendra/- U T