Swet Kumar @ Mahanth Shwet Dass @ Mahantha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21614 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SWET KUMAR @ MAHANTH SHWET DASS @ MAHANTHA Son of Upendra Mahto R/V- Ward no. 4, Mahto Pathak Tola, Rani Sakarpura, Rani Shakarpura, P.S- Khagaria Dist- Khagaria. At present R/V- Deopura P.sNaokothi Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Naokothi P.S. Case No. 21 of 2021 instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, the accused persons including the petitioner are alleged to have opened fire indiscriminately upon the father of the informant namely, Ganesh Poddar due to which he sustained injuries and died on the way to hospital.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21614 of 2023(6) dt.02-12-2023 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case. It is also submitted that some witnesses vide para 10 & 162 of the case diary, have been examined during course of investigation but they have given contradictory statement regarding the alleged occurrence. The petitioner is languishing in judicial custody since 31.7.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who along with others have specifically been alleged to open fire upon the father of the informant (deceased). The petitioner has also got five criminal antecedents.

6. In pursuance to the direction of this court, a report dt. 1.9.2023 with regard to present stage of trial has been received by which it appears that the trial is likely to be concluded within a period of six months.

7. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same within stipulated period of time (i.e. six

Patna High Court CR. MISC. No.21614 of 2023(6) dt.02-12-2023 3/3 months), failing which, the petitioner may renew his prayer of bail.

(Sunil Kumar Panwar, J) Amandeep/- U T