Bishnu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32288 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Bishnu Baitha Son of late Ram Balak Baitha Resident of village- Pyarepur, P.S.- Baikunthpur, Dist.-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2016 Heard Sri Rajesh Kumar, learned counsel for the petitioner and Smt. Pronati Singh, learned A.P.P. The sole petitioner, who is in custody since 22.7.2015 in Baikunthpur P.S. Case No. 173 of 2015 registered for the offence under section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of the C.L.A. Act corresponding to Sessions Trial No. 167 of 2016 has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that of -course informant in the F.I.R. has pretended to be eye witness to the occurrence but according to learned counsel for the petitioner informant had not seen the occurrence. Maliciously petitioner has been implicated in the present case.

Patna High Court Cr.Misc. No.32288 of 2016 (2) dt.19-08-2016 2/2 Learned A.P.P. opposing the prayer of the petitioner submits that petitioner is having criminal antecedent and he was accused in Baikunthpur P.S. Case No. 234 of 2013 registered for the offence under section 147, 148, 149/ 34, 341, 342, 323, 379, 427, 437, 109 , 307 of the Indian Penal Code , section 27 of the Arms Act and 3⁄4 of the Explosive Substances Act and Section 17 of the C.L.A. Act. She submits from the F.I.R. it is evident that informant is the eye witness and petitioner is the main accused.

Keeping in view the nature of accusation , F.I.R. as well as antecedent of the petitioner , I am not inclined to grant bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T