Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18477 of 2025 Arising Out of PS. Case No.-948 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Sudama Paswan Son of Kailash Paswan R/o Village - Chitwan Kala, P.S.- Sherghati, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. The SHO of Sherghati police station, Gaya is also present.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 341, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation in the first information report is that on account of idol immersion during Durga Puja, the petitioner along with one another accused assaulted the father of the informant with a sharp object due to which he died during treatment.

4. Learned counsel for the petitioner submits that it would be apparent from the first information report that a dispute had taken place during the idol immersion where there

Patna High Court CR. MISC. No.18477 of 2025(9) dt.05-12-2025 2/3 was a mob of people and the petitioner has been falsely implicated on account of some earlier dispute. It is further submitted that there is no specific allegation of inflicting the knife blow against the petitioner and for an occurrence which had taken place on 09.10.2022, the FIR came to be lodged after a delay on 12.10.2022. It has also been submitted that one of the co-accused Uday Paswan has already been granted bail vide order dated 23.06.2023 passed in Cr. Misc. No. 13364 of 2023 and the petitioner having no criminal antecedent is in custody since 05.04.2023.

5. Learned counsel for the informant informs this Court and as would be evident from the records of the case that the trial of the case is at the fag end and out of nine prosecution witnesses, seven have already been examined and since the doctor is dead, there is only one witness to be examined and the SHO who is present in person has informed that he would be deposing on the next date i.e. on 15th December, 2025.

6. Taking into consideration the facts and circumstances and also considering the advance stage of the trial, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected at this stage.

Patna High Court CR. MISC. No.18477 of 2025(9) dt.05-12-2025 3/3

7. However, it is directed that the learned court concerned would not grant any unnecessary adjournment and would make all efforts towards concluding the trial expeditiously preferably within a period of three months, failing which the petitioner would be at liberty to renew his prayer for bail.

8. The presence of the SHO, Sherghati is dispensed with.

(Soni Shrivastava, J) devendra/- U T