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Patna High CourtCR. MISC./62209/2019rejected

Vijay Bind v. The State Of Bihar

2019-12-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62209 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- KARAI PARSURAI District- Nalanda ====================================================== 1.

Vijay Bind Son of Rajendra Bind Resident of Village - Ganga Bigha, P.S.- Karai Parasurai, District- Nalanda at Biharsharif 2.

Manoj Kumar Son of Late Sikandar Bind @ Sikandra Bind Resident of Village - Ganga Bigha, P.S.- Karai Parasurai, District- Nalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2019 Learned counsel for the petitioners seeks permission to withdraw this application as against petitioner no.1. Permission is accorded.

Accordingly, this application as against petitioner no.1 is dismissed as withdrawn.

Heard the parties.

So far as the petitioner no.2 is concerned, the petitioner no. 2 apprehends his arrest in connection with Karai Parasurai P.S. Case No. 68 of 2019, registered under Sections 341, 323, 504, 504, 307 and 34 of the Indian Penal Code of the Bihar Excise and Prohibition Act.

Learned counsel appearing on behalf of the petitioner no.2 submits that the petitioner no.2 is innocent and has falsely

Patna High Court CR. MISC. No.62209 of 2019(4) dt.18-12-2019 2/2 been implicated in the present case. He further submits that both the parties are agnates and there is land dispute between the party. The petitioner has no criminal antecedent. Learned A.P.P. appearing for the State opposes the prayer for bail of the petitioner no.2 and the specific allegation is against the petitioner no.2.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner no.2. Accordingly, this application is rejected.

(Arvind Srivastava, J) S.Katyayan/- U T