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Patna High CourtCR. MISC./36280/2017rejected

Jagdish Paswan v. The State Of Bihar

2017-08-10Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36280 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Jagdish Paswan, S/o Late Yogendra Paswan, resident of Village- Baghi Maniyari, P.S. Maniyari, Distt. Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dharmendra Kr. Paswan, Advocate. For the Opposite Party/s : Ms. Renu Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Maniari P.S. Case No. 236 of 2016 registered under Sections 147, 148, 149, 341, 307, 323, 354(B), 447, 504, 506 IPC.

A perusal of the First Information Report would show that there is a direct allegation of causing Bhala injury on the head of the informant by this petitioner. The petitioner is said to be an old age person of 80 years, however, there is no proof of age enclosed with the petition. The petitioner is in custody since 12.06.2017 only and presently the investigation is pending. Learned counsel for the petitioner further submits referring to the order passed by a bench of this Court in the Anticipatory Bail Application of the petitioner that the petitioner is an old age

Patna High Court Cr.Misc. No.36280 of 2017 (2) dt.10-08-2017 2/2 person and his case should be considered sympathetically. In the opinion of this Court, mentioning the age of the petitioner on the basis of oral submission of the learned counsel cannot form an evidence as regards the proof of age of the petitioner; further considering the nature of allegations and the injuries caused on the head of the informant, this Court is not inclined to grant regular bail to the petitioner in the above mentioned case at this stage.

The application stands dismissed.

(Rajeev Ranjan Prasad, J) Dilip, AR U T