Patna High CourtCR. MISC./40621/2017dismissed

Mukesh Paswan @ Disco Paswan v. The State Of Bihar

2017-09-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40621 of 2017 Arising Out of PS.Case No. -185 Year- 2016 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Mukesh Paswan @ Disco Paswan Son of Brahmdeo Paswan, R/o Village- Pitho, P.S.- Kewati, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 185 of 2016, registered for offences punishable under Sections 399, 400, 402 and 414 of the Indian Penal Code.

Allegation against the petitioner is of recovery of one loaded country made pistol and it further appears that in this case charge has been framed and petitioner is accused in nine other cases.

It has been submitted on behalf of the petitioner that though there is allegation of recovery of one loaded country made pistol, however, the petitioner has sufficiently been punished for the said offence as he has been in judicial custody for more than ten months and uptil now not a single witness has been examined.

Patna High Court Cr.Misc. No.40621 of 2017 (3) dt.21-09-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is accused in nine other case, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, since the charge has been framed in this case, the trial court is directed to expedite the trial and try to conclude it within a period of six months even by conducting the trial on day to day basis.

At the same time, S.P. Madhubani is directed to ensure the production of witnesses in the trial court on the date fixed so that the trial can be concluded within the aforesaid period. (Vinod Kumar Sinha, J) sunil/- U T