Patna High CourtCR. MISC./7278/2017rejected

Buta Paswan v. The State Of Bihar

2017-02-22Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.7278 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7278 of 2017 Arising Out of PS.Case No. -368 Year- 2013 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Buta Paswan Son of Tarachand Paswan, Resident of Village-Tikri More Police Station-Aurangabad (T), District-Aurangabad.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier thrice rejected vide order dated 24.03.2014, 18.02.2015 and 17.02.2016 passed in Cr. Misc. No. 906 of 2014, 41590 of 2014 and 53054 of 2015 respectively, on the ground that the petitioner is in custody since 30.08.2013. During investigation the witnesses have stated otherwise and the petitioner is not the assailant and further the trial has not been concluded within six months as given by this Court and only three prosecution witnesses have been examined.

Learned APP submits that the deceased before his death has stated as to how he was shot by the petitioner. In the facts and circumstances stated above, finding no

Patna High Court Cr.Misc. No.7278 of 2017 (2) dt.22-02-2017 good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected. However, the trial court is again directed to expedite the trial and conclude the same as early as possible, preferably within four months from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer of bail.

(Jitendra Mohan Sharma, J) avin/- U T