Dayanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5599 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Dayanand Paswan Son of Late Laldeo Paswan Resident of Village - Magdha Malpur, P.S.- Khushrupur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Informant :

Mr. Gautam, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 11.02.2022 in connection with Sessions Trial No. 963 of 2022, arising out of Khushrupur P.S. Case No. 30 of 2022, F.I.R. dated 10.02.2022 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

According to prosecution case, in brief is that the petitioner along with other co-accused brutally assaulted and murdered the informant's mother namely, Leela Devi by slitting her throat and with the fire arms. Further alleged by the informant in his written application that total 12 persons who

Patna High Court CR. MISC. No.5599 of 2023(4) dt.02-08-2023 2/3 have disclosed by the informant by his written application about the involvement of murder of informant's mother Leela Devi. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and petitioner has not committed any offence as alleged in the F.I.R. Learned counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he was involved in the murder of the Leela Devi who is mother of informant and petitioner has confessed his guilt in his self confessional statement and number of the witnesses have supported the case of the prosecution during investigation.

Vide order dated 21.06.2023 a report was called for with regard to the present stage of trial. Report dated 17.07.2023 of the learned trial court reveals that out of fifteen charge sheet witnesses, four witnesses have already been examined. Considering the aforesaid facts and report of the learned Trial Court, I am not inclined to enlarge the petitioner

Patna High Court CR. MISC. No.5599 of 2023(4) dt.02-08-2023 3/3 on bail in connection with Sessions Trial No. 963 of 2022, arising out of Khushrupur P.S. Case No. 30 of 2022 pending in the court of learned Additional Sessions Judge-IV, Patna City. Prayer is refused.

However, the learned Trial Court is directed to expedite the trial at the earliest.

(Rajesh Kumar Verma, J) mdrashid/- U T