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Patna High CourtCR. MISC./68654/2019rejected

Birju Paswan v. The State Of Bihar

2019-12-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68654 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== BIRJU PASWAN Son of Sri Paswan Resident of Village - Krit Nawada, P.S.- Chandauti, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 307, 504, 506 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was previous enmity between the injured and the petitioner and the injured is a renowned criminal who is involved in more than five cases, which is evident form paragraph-7 of the petition. On account of enmity, this petitioner has falsely been implicated in this case and the petitioner is rotting in

Patna High Court CR. MISC. No.68654 of 2019(3) dt.04-12-2019 2/2 judicial custody since 18.07.2019.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that there is direct allegation of firing against the the petitioner due to which the injured sustained bullet injury.

Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T