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Patna High CourtCR. MISC./73581/2019rejected

Ram Pravesh Paswan v. The State Of Bihar

2019-11-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73581 of 2019 Arising Out of PS. Case No.-338 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ram Pravesh Paswan Son of Late Rajo Paswan Resident of Village - Shitalpatti, P.S.- Mufassil Samastipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Muffasil Samastipur P.S. Case No. 338 of 2018, registered for the offence punishable under Sections 307, 326 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the alleged occurrence took place during celebratory firing being made on the occasion of the wedding ceremony of the sister of the petitioner. The petitioner is in custody since 25.07.2019.

Learned A.P.P. appearing on behalf of the State,

Patna High Court CR. MISC. No.73581 of 2019(2) dt.22-11-2019 2/2 however, vehemently opposed the prayer of the petitioner. He further submits that there is a specific allegation against the petitioner having fired upon the informant, which caused grievous injury to the informant. Hence, he does not deserve privilege of bail.

Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to allow the prayer of the petitioner for bail.

Accordingly, this application stands rejected. However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) uma/- U T