Saroj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11570 of 2018 Arising Out of PS. Case No.-453 Year-2014 Thana- LAKHISARAI District- Lakhisarai ====================================================== Saroj Paswan, son of Late Ram Swarup Paswan, Resident of VillageMaheshpur, Tola Tartar, Police Station Chanan, District Lakhisarai. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vidya Sagar, Advocate For the Opposite Party :

Mr. Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 09.05.2016 and 18.01.2017 passed in Cri. Misc. No. 11976 of 2016 and Cr. Misc. No. 53840 of 2016 respectively, on the ground that the petitioner is suffering in custody since 07.08.2014, there is no tangible and legal material against the petitioner, who is the assailant it has not come, there is no eye-witness of the occurrence, the F.I.R. has been lodged after delay and , as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the petitioner and co-accused Anil Kumar were

Patna High Court Cr.Misc. No.11570 of 2018(2) dt.07-03-2018 2/2 apprehended when they were fleeing away after shooting Sanjay Singh and prayer for bail of Anil Kumar has also been rejected. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 98 of 2016 arising out of Lakhisarai P.S. Case No. 453 of 2014 pending in the court of learned Additional Sessions Judge-II, Lakhisarai. However, considering the detention of the petitioner, let the trial be expedited and concluded as early as possible preferably within six months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T