Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19442 of 2023 Arising Out of PS. Case No.-131 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Chandan Paswan, Son of Late Jayhind Paswan, Resident of Village - Dadaur, P.S. - Bakhtiarpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-04-2023 Heard Mr. Yogesh Chandra Verma, learned senior counsel duly assisted by Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

This is the second attempt on behalf of the petitioner, renewing his prayer for bail in connection with Sessions Trial No. 378 of 2020 arising out of Bakhtiyarpur P.S. Case No. 131 of 2020 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for bail of the petitioner was rejected after taking into consideration the specific nature of accusation against the petitioner that he fired upon the deceased, which resulted into his death.

By the order of this Court, a report was called for and

Patna High Court CR. MISC. No.19442 of 2023(3) dt.26-04-2023 2/2 it has been apprised to this Court that all the charge-sheet witnesses have been examined except Investigating Officer and the Doctor.

At this juncture, learned senior counsel appearing on behalf of the petitioner submits that the petitioner is in custody for over a period of two and half years and now all the chargesheet witnesses have been examined and therefore, there is no chance of tampering with the evidences.

On the other hand, learned APP vehemently opposes the bail application and submits that there is no overwhelming circumstances warranting reconsideration apart from the fact that the trial is at the fag end.

Regard being had to the submissions made on behalf of the parties and considering the fact that the trial is at the fag end, this Court directs the learned trial Court to take all the necessary measures to conclude the trial, as early as possible, preferably within a period of three months.

With the aforesaid direction, the bail application stands dismissed.

(Harish Kumar, J) shivank/- U T