Rabindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48112 of 2014 Arising Out of PS.Case No. -52 Year- 2000 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Tapeshwar Paswan @ Tape S/o Late Amrit Paswan, Resident of VillageBilaspur, P.S.-Manpur, District-Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.50058 of 2014 Arising Out of PS.Case No. -52 Year- 2000 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Rabindra Paswan Son of Late Dasain Paswan, Resident of village - Bilaspur, P.S. Manpur, District - Nalanda .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.48112 of 2014) For the Petitioner/s : Mr. Vikramdeo Singh For the Opposite Party/s : APP (In Cr.Misc. No.50058 of 2014) For the Petitioner/s : Mr. Rajnish Kumar For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Since both the matters arise out of common Sessions Trial No. 260 of 2014 pending in the court of learned A.D.J.-5, Nalanda at Biharsharif, therefore, they have been heard together and are being disposed of by this common order. The petitioners of both the cases seek bail in a criminal prosecution registered under Sections 302/201/34 of the Indian Penal Code as also under Section 27 of the Arms Act. Though the petitioners are not named in the F.I.R. vide Annexure-1 as accused, but on close of investigation charge sheet was submitted against them and, now, it is admitted case of the

Patna High Court Cr.Misc. No.48112 of 2014 (2) dt.20-02-2015 2/2 parties that the charges have been framed against both the petitioners and the Sessions trial is already in progress and some of the prosecution witnesses have also been examined, in that view of the matter, particularly in view of the progress of the sessions trial, this Court is not inclined to accede to the prayer made on behalf of the petitioners of both the cases for grant of bail in connection with Sessions Trial No. 260 of 2014 pending in the court of learned A.D.J.-5, Nalanda at Biharsharif, at this stage and it is, accordingly, rejected.

The learned trial court is hereby directed to make all endeavours to conclude the trial of the petitioners at an early date preferably within a maximum period of six months from the date of receipt/production of a copy of this order. If the petitioners don't default in making regular pairvi in the court below and give all co-operation for conclusion of their trial at an early date, and despite that if their trial is not concluded within the aforesaid period of six months, then they shall be at liberty to renew their prayer for bail before the learned trial court itself.

(Birendra Prasad Verma, J) BTiwary/- U T