Budhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2869 of 2022 Arising Out of PS. Case No.-23 Year-2018 Thana- RISIYAP District- Aurangabad ====================================================== BUDHAN PASWAN SON OF LATE ABHILAKH PASWAN R/O VILLAGE- BADHKA GAWN, P.S.- RISIUP, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2022 Heard the learned counsel for the petitioner and the learned APP appearing for the State.

The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail in connection with Risiyap PS case no. 23 of 2018, registered under Sections 341, 323, 324, 378, 307, 302/34 of Indian Penal Code, inasmuch as the earlier prayers of the petitioner for grant of bail have been rejected twice i.e. firstly vide order dated 02.11.2018, passed in Cr. Misc. no. 53830 of 2018 and then vide order dated 27.05.2020, passed in Cr. Misc. no. 87353 of 2019. This Court, vide order dated 02.03.2022, had called for a report from the learned court below with regard to the present stage of the trial and the time likely to be consumed for completion of the trial. A report dated 04.03.2022 has been

Patna High Court CR. MISC. No.2869 of 2022(3) dt.13-04-2022 2/2 received from the learned court of Additional District and Sessions Judge-VII, wherein it has been stated that only the official witnesses i.e. the I.O. and the doctor are yet to be examined and the trial is likely to be completed within 03 months.

At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to renew his prayer for bail, in case the trial is not concluded within a period of 06 months from today.

Liberty so sought, is granted The present petition stands disposed off as not pressed, however with the aforesaid liberty.

It is needless to state that the learned court below shall ensure that the Investigating Officer and the Doctor are examined/ cross-examined, within a period of four weeks from today, failing which, this Court may take appropriate action against the delinquent.

(Mohit Kumar Shah, J) rinkee/- U T