Baidya Nath Paswan @ Baidya Nath Pawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4633 of 2017 Arising Out of PS.Case No. -28 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ====================================================== Baidya Nath Paswan @ Baidya Nath Pawan, S/o Bisheshwar Paswan, Resident of Village- Murraha, Police Station- Hasanpur, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhimanyu Sharma, Advocate For the Opposite Party : Mr. Tarkeshwar Nath Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hasanpur P.S Case No. 28 of 2014 registered for the offences punishable under Section 307/34 of the Indian Penal Code. The allegation against the petitioner is that he opened fire twice upon the informant which first hit near the elbow of right hand and again in right ribcage.

Submission is of false implication and that the prosecution story appears not probable and reliable. It is not believable that the informant was seeing the petitioner in opening fire, the petitioner has been made victim of the circumstances and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.4633 of 2017 (2) dt.09-03-2017 2/2 Learned A.P.P seriously opposes the prayer of bail by submitting that grievous injury has been found on the person of the informant caused by fire arms and the petitioner has got criminal antecedent as he is involved in five more serious cases. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Hasanpur P.S. Case No. 28 of 2014, pending in the court of learned Additional Chief Judicial Magistrate IIIrd Rosera at Samastipur. (Jitendra Mohan Sharma, J.) Rajiv/- U T