Patna High CourtCR. MISC./4971/2017dismissed

Ashok Paswan v. The State Of Bihar

2017-04-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4971 of 2017 Arising Out of PS.Case No. -463 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Ashok Paswan Son of Sri Sitaram Paswan, Resident of Village-Bhadeja, P.S.-Gaya (Muffasil),Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Surendra Kumar Mishra For the State : Dr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gaya (M) P.S. Case No. 463 of 2015 instituted for the offence under Sections-302, 379/34 of the Indian Penal Code and 27 of the Arms Act. There is specific allegation against the petitioner of causing fire-arm injury to the mother of the informant on account of which, she succumbed to her injury. The postmortem report is mentioned in paragraph-103 of the case diary wherein the doctor has found fire-arm injury on the person of the deceased besides other injuries.

Therefore, keeping in view the specific allegation against the petitioner of causing fire-arm injury to the deceased, this court is not inclined to release the petitioner on bail.

Patna High Court Cr.Misc. No.4971 of 2017 (4) dt.06-04-2017 2/2 Accordingly, his prayer for bail stands rejected at this stage. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-12-2015. The report has been called for from the court below wherein it has been mentioned that case of the petitioner has been committed to the court of Sessions.

The trial court is directed to make all possible efforts for expeditious disposal of case by giving short adjournments and make all efforts to conclude the trial as early as possible, preferably, within a period of nine months from the date of receipt of copy of the order. If the trial of the petitioner is not concluded within the above-said period of nine months, the petitioner may renew his prayer for bail in the lower court. The court below will give reason for not concluding the trial within aforesaid period. (Sanjay Priya, J) A.K.V./- U T