Patna High CourtCR. MISC./32597/2021allowed

Umesh Paswan v. The State Of Bihar

2021-09-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32597 of 2021 Arising Out of PS. Case No.-235 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

UMESH PASWAN Son of Dipo Paswan Resident of Village- Ganaura, Badarpur, P.S.- Madhusudanpur, District- Bhagalpur. 2.

Gulsan Paswan Son of Dipo Paswan Resident of Village- Ganaura, Badarpur, P.S.- Madhusudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-09-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 235 of 2019 for the offence under Sections 302, 307/34 of the Indian Penal Code.

Earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 21.09.2020 passed in Cr. Misc. No. 22086 of 2020.

Learned counsel for the petitioners submits that the petitioners are languishing in judicial custody since 22.01.2020 and 10.01.2020 i.e. more than one year and eight

Patna High Court CR. MISC. No.32597 of 2021(5) dt.15-09-2021 2/2 months and there is no substantial progress in the trial. A report was called for and the same has been received. From perusal of the same, it appears that out of ten witnesses, four public witnesses have been examined and summons against the rest witnesses have been issued. Learned A.P.P. for the State does not refute the factual position of the trial.

Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing their personal bond to the satisfaction of learned Additional District and Sessions Judge, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 235 of 2019.

brajesh/- (Arvind Srivastava, J) U T