Patna High CourtCR. MISC./75283/2019dismissed

Virval Paswan @ Bhim @ Birval Paswan v. The State Of Bihar

2019-11-26Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75283 of 2019 Arising Out of PS. Case No.-59 Year-2015 Thana- MALI District- Aurangabad ====================================================== Virval Paswan @ Bhim @ Birval Paswan, son of Sita Ram Paswan, resident of Village - Mohar Karma, P.S.- Mali, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Advocate Mr. Deepak Kumar, Advocate Mr. Punit Kumar, Advocate Mr. Subodh Barnwal, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mali PS Case No.59 of 2015 dated 19.12.2015 instituted under Sections 147, 148, 149, 341, 342, 452, 427, 435, 436 of the Indian Penal Code, 3, 4 and 5 of the Explosive Substance Act, 27 of the Arms Act and 17 of the Criminal Law Amendment Act.

3. The petitioner along with 30-40 persons is said to have participated in blowing up of the house of the informant.

4. Learned counsel for the petitioner submitted that though he has criminal antecedent, but the police has falsely

Patna High Court CR. MISC. No.75283 of 2019 dt.26-11-2019 2/2 implicated him in the present case. It was further submitted that he is not named in the First Information Report as nobody has identified/recognized him.

5. Learned APP submitted that plea of false implication of the petitioner cannot be sustained for the reason that thirteen other criminal cases are pending against him for serious offences spread over four police stations and, thus, it cannot be accepted that there has been false implication, moreso, for the reason that right from 2009, the petitioner has been involved in criminal cases.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail. 7.Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T