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Patna High CourtCR. MISC./15482/2016rejected

Rohit Paswan @ Rohit Kumar v. The State Of Bihar

2016-04-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15482 of 2016 Arising Out of PS.Case No. -175 Year- 2013 Thana -KOTWALI District- MUNGER ====================================================== ROHIT PASWAN @ ROHIT KUMAR, son of Sri Om Prakash Paswan, resident of Village Katghar, P.S. - Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 208 of 2014 arising out of Kotwali P.S. Case No. 175 of 2013 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 12.11.2014 passed in Cr.Misc. No. 40638 of 2014.

It is contended by the learned counsel for the petitioner that though the petitioner is in custody since 02.11.2013, the prosecution could produce only five out of seven charge-sheet witnesses during trial. The remaining two witnesses are yet to be examined and there is no likelihood that the trial

Patna High Court Cr.Misc. No.15482 of 2016 (2) dt.20-04-2016 2/2 would come to an end in near future.

Be that as it may, regard being had to the direct and specific allegation against the petitioner that he along with others opened fire causing injury to the brother of the informant as a result of which he died, I see no reason to take a different view of the matter. Accordingly, the application for bail is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible.

(Ashwani Kumar Singh, J) Pradeep/- U T