Mahesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49426 of 2019 Arising Out of PS. Case No.-458 Year-2018 Thana- FATUA District- Patna ====================================================== MAHESH PASWAN Son of Late Basu Paswan Resident of Village - Hazipur, P.S.- Fatuha, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned Addl. P.P. appearing for the State.

Petitioner seeks bail in connection with Fatuha P.S. Case No. 458 of 2018 registered for the offence under sections 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact, at the time of alleged occurrence petitioner was not present there. He has no connection with the alleged occurrence. During investigation, no independent witness has supported the prosecution case. Petitioner is in custody since 03.10.2018.

Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.49426 of 2019(3) dt.25-09-2019 2/2 the prayer for bail and submits that petitioner is named accused in the first information report and there is direct allegation against him of firing in the mouth of the husband of the informant resulting in his death. Petitioner has committed a heinous crime and he does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail. The same is, therefore, rejected. (Arvind Srivastava, J) mcv/- U T