Shambhu Paswan @ Shambhu Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46098 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Shambhu Paswan @ Shambhu Panjiyar Son of Ganesh Panjiyar @ Ganiti Paswan, Resident of Village Bakaol, P.s. - Patepur, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.07.2015 in connection with Patepur P.S. Case No. 131 of 2014, for the alleged offences under Sections 385, 387, 379, 307, 427 and 34 of the Indian Penal Code and Sections 25(1B), 27 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as there is delay in instituting the FIR without any explanation. The accusations are highly unlikely on the face of it and in any event the pistol of the petitioner was allegedly snatched from him by the informant and others.

4. Learned APP on the other hand submits on the basis of injury report as recorded in the case diary, discloses gun shot injury to the informant which supports the accusations in the FIR.

5. Having regard to the specific accusation against the

Patna High Court Cr.Misc. No.46098 of 2015 (5) dt.12-02-2016 petitioner and the gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition accordingly, stands dismissed.

(Vikash Jain, J) Chandran U