Yogi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49808 of 2016 Arising Out of PS.Case No. -35 Year- 1996 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Yogi Paswan S/o Shibu Paswan, R/o Adhlair, P.S. Jamalpur, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shalini Raut For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Sections 35/96, 395, 364, 365 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that for the alleged offence the petitioner has been languishing in custody since 22.08.2013 and uptil now only charges have been framed in this case and as such since the petitioner has been sufficiently punished for the said offence, he may be allowed the privilege of bail.

Learned A.P.P. for the State submitted that it appears from the record that the case is of the year 1996 and since then the

Patna High Court Cr.Misc. No.49808 of 2016 (3) dt.22-12-2016 2/2 petitioner was absconding and as such the trial of the other accused persons of this case, has already been concluded and the petitioner surrendered in this case in the year 2013. Considering the facts and circumstances of the case, submissions of the parties and also the impugned order shows that there are materials available against the petitioner in the case diary, I am not inclined to grant the petitioner, the privilege of regular bail, it is accordingly rejected.

However, since the petitioner has been in judicial custody for more than three years, the Trial Court is directed to expedite the trial and conclude the same as soon as possible. (Vinod Kumar Sinha, J) sunil/- U T