Dharamveer Paswan @ Dharmveer Kumar Paswan @ Dharmveer Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.15838 of 2015 (3) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15838 of 2015 Arising Out of PS.Case No. -348 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Dharamveer Paswan @ Dharmveer Kumar Paswan @ Dharmveer Paswan S/o Banwari Paswan @ Kalu Paswan resident of Village - Khagaur, P.S. - Lakhisarai, District - Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 16.02.2015 in connection with Lakshisarai P.S. Case No. 348 of 2014 for the offence registered under Sections 302, 307/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Diary of the present case has already been received. In the FIR specific allegation has been made against the petitioner stating that he had fired at the deceased from behind and injury to the said effect is also evident from the post mortem report, which forms part of the case diary.

Learned counsel for the petitioner submits that so far as this petitioner is concerned, another co-accused has stated that

Patna High Court Cr.Misc. No.15838 of 2015 (3) dt.20-07-2015 he was merely an order giver and not fired at the deceased. Considering the materials available in the case diary, I am not inclined to grant bail to the petitioner. Accordingly, the same is rejected.

(Anjana Mishra, J) Jagdish/- U T