Budhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14956 of 2023 Arising Out of PS. Case No.-23 Year-2018 Thana- RISIYAP District- Aurangabad ====================================================== BUDHAN PASWAN Son of Late Abhilakh Paswan R/v- Barkagaon (Birouni), P.S.- Risiyap, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition is by way of fifth attempt at the behest of the petitioner for grant of regular bail in connection with Risiyap P.S. Case No.23 of 2018, registered under Sections 341, 323, 324, 378, 307, 302 and 34 of the Indian Penal Code, inasmuch as the earlier prayers of the petitioner for grant of bail have all been rejected vide various orders passed either by a coordinate Bench of this Court or this Court. This Court by an order dated 21.06.2023, had issued show cause notice to the learned Additional Sessions Judge-VII, Aurangabad, in response, whereof his show cause reply has been received by this Court vide letter dated 23.06.2023 and 26.06.2023 and on going through the same, this Court is satisfied

Patna High Court CR. MISC. No.14956 of 2023(4) dt.05-07-2023 2/2 with the cause shown, hence the same is accepted and further considering the unconditional apology tendered by the learned trial Court, this Court deems it fit and proper to discharge the rule.

It is also evident from the letter dated 26.06.2023, sent by the learned Additional Sessions Judge-VII, Aurangabad that the evidence of the Inquiry Officer and Doctor has now been recorded and the prosecution evidence has been closed, as also the trial is likely to be concluded soon.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the learned Court of Additional Sessions Judeg-VII, Aurangabad to dispose off the aforesaid pending trial, within a period of three months from today, positively with appropriate communication to the Registrar General of this Court.

It is needless to state that in case the trial is not concluded, within a period of three months from today, the petitioner will be at liberty to renew his prayer for grant of regular bail.

The petition stands disposed off.

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