Nagina Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 79689 of 2019 Arising Out of PS Case No.-8 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== Nagina Paswan (M), aged about 55 years, Son of Saukhi Paswan, Resident of Village - Maghra, P.S. - Deepnagar, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Deepnagar PS Case No. 08 of 2019 dated 02.01.2019 instituted under Sections 147, 148, 149, 323, 427, 353, 290 and 291 of the Indian Penal Code.
3. The allegation against the petitioner is of having raided a police station along with 400-500 unknown persons armed with lathi, danda, bamboo stick and of pelting bricks upon the police party in which two constables received injury and police vehilce was also damaged.
Patna High Court CR. MISC. No.79689 of 2019 dt.16-12-2019 2/2
4. Learned counsel for the petitioner submitted that he has been made accused only on presumption and suspicion. It was submitted that the specific allegation of opening firing on the deceased is against co-accused Ajay Malakar and not the petitioner.
5. Learned APP submitted that the petitioner has been involved earlier also in similar cases due to firearm injury and the mob had also damaged property and the mob in which the petitioner participated resulting in the death of two persons.
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, for the present.
7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T