Patna High CourtCR. MISC./38909/2015dismissed

Raja Paswan v. The State Of Bihar

2015-10-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38909 of 2015 Arising Out of PS.Case No. -427 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Raja Paswan S/o Doman Paswan Resident of Village Bhara, P.S. Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code. Allegation is that the petitioner has killed the husband of the informant (deceased) by firing gun shot on his chest from close a range.

It has been submitted of behalf of the petitioner is in custody since 09.12.2014. Chargesheet has been submitted in the present case. There is no allegation of tempering with the evidence against the petitioner. Petitioner has been made accused due to mistake of fact. There is admitted enmity between the parties and for the said reason the petitioner has been made

Patna High Court Cr.Misc. No.38909 of 2015 (3) dt.09-10-2015 P2/2 accused in the present case.

It has been submitted on behalf of the State that petitioner is named in the First Information Report. There is specific allegation against him for causing fire-arm injury on the chest of the deceased.

Considering the aforesaid facts and circumstances of the case, I am not inclined to the grant bail to this petitioner and the same is rejected.

Anyhow, the Trial Court is directed to take all necessary steps to expedite the trial and conclude the same preferable within one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Saif/- U T