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Patna High Court - Orders

Deepak Verma vs The State Of Bihar on 2 September, 2019

Author: Arvind Srivastava

Bench: Arvind Srivastava

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36063 of 2019
                   Arising Out of PS. Case No.-332 Year-2018 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 DEEPAK VERMA Son of Arjun Verma @ Saryug Verma Resident of Village
                 - Sansar Pokhar, Gandhi Tola, Ward No.-17, P.S.- kabaiya, Dist.- Lakhisarai.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                                       ORAL ORDER

3   02-09-2019

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Lakhisarai (Kabaiya) P.S. Case No. 332 of 2018 registered under sections 302/120B,34 of the I.P.C. and section 25(1-

b)A/27 of the Arms Act pending in the Court of C.J.M., Lakhisarai.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Further submission is that petitioner is in custody since 18.01.2019 and he has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that on Patna High Court CR. MISC. No.36063 of 2019(3) dt.02-09-2019 2/2 perusal of the First Information Report itself as well as paragraph-7 of the case diary, it appears that there is specific allegation of firing against the petitioner and co-accused Vikas Kumar at the son of the informant, as a result of which, he died. Hence, the petitioner does not deserve privilege of bail.

Having considered the above facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/-

U       T