Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69051 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== UPENDRA PASWAN Son of Late Vipat Paswan Resident of Village-Bakhari, Ward no.17, P.S.-Bakhari, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Bakhari P.S. Case No. 12 of 2019 registered for the offence punishable under sections 341, 323, 326, 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on basis of suspicion due to previous enmity. During investigation no independent witness has come forward to support the prosecution case . It has come that there was dispute between the parties regarding place of egg shop. Petitioner has no criminal antecedent and is in custody

Patna High Court CR. MISC. No.69051 of 2019(5) dt.04-03-2020 2/2 since 17.01.2019.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in the first information report and there is direct allegation against him of giving knife blow on the deceased. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T