Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1289 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== Sunil Paswan, Son of Late Kailash Paswan, R/O Village- Mangarhiya, P.S.- Barun, District- Aurangabad ... ... Appellant

Versus

1.

The State of Bihar 2.

Rudal Paswan, Son Of Late Ramrup Paswan, R/O Village- Makhara, P.S.- Jamhore, District- Aurangabad ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Ms. Mukul Kumari, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl, PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-07-2023 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

2. The appellant in the present case has renewed his prayer for bail by setting aside the order dated 16.03.2022 passed by learned Additional District & Sessions Judge-cumSpecial Judge (SC/ST), Aurangabad in B.P. No. 299 of 2022 arising out of Jamhore P.S. Case No. 32 of 2020 registered for the offences under Sections 302/34 of the Indian Penal Code with Sections 3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act. He has no criminal antecedent. He is in custody since 29.06.2020.

3. It is the submission of learned counsel for the appellant that the appellant is in custody since 29.06.2020. The

Patna High Court CR. APP (SJ) No.1289 of 2022(6) dt.26-07-2023 2/2 appellant is neither named in the first information report nor any incriminating evidence has been adduced against him in course of investigation. However, it is his submission that all the prosecution witnesses have been examined and the trial is likely to be concluded in near future.

4. Learned counsel for the State has opposed the prayer for bail of the appellant.

5. Having regard to the submission on behalf of the appellant that all the prosecution witnesses have already been examined and the trial is on the verge of conclusion, this Court is not inclined to grant privilege of bail to the appellant at this stage.

6. The learned trial court is directed to conclude the trial within a period of three months from the date of receipt/production of a copy of this order. The records shall be kept on day-to-day basis and no unnecessary adjournment shall be granted.

7. This application is disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T