Suman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22196 of 2020 Arising Out of PS. Case No.-45 Year-2017 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Suman Paswan (Male), aged about 32 years, Son of Kapoorchandra Paswan Resident of Village - Kiratpur Rajaram, P.S.- Bhagwanpur, Dist.- Vaishali. 2.

Subhash Paswan (Male), aged about 27 years, Son of Kapoorchandra Paswan Resident of Village - Kiratpur Rajaram, P.S.- Bhagwanpur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-10-2020 Heard learned counsel for the petitioners and Ms. Pushpa Sinha, counsel for the State.

In the case, the petitioners are seeking bail in connection with Session Trial No. 136 of 2019 arising out of Bhgwanpur P.S. Case No. 45 of 2017 registered under Sections 341, 323, 302/34 of the Indian Penal Code.

In this case, an allegation has been made that on 14.3.2017 at 2.40 PM, the co-accused Mithilesh Paswan, Hemant Paswan and the petitioners were creating nuisance in front of the house of the uncle of the Informant, Lakshman Paswan. When Lakshman Paswan tried to pacify the nuisance, the co-accused Mithilesh Paswan started assaulting him. On

Patna High Court CR. MISC. No.22196 of 2020(3) dt.15-10-2020 2/2 alarm, the Informant went to save him then the accused persons including the petitioners assault the Informant and his wife. When mother of the Informant came to rescue, she was also assaulted by them due to which she died.

Earlier the petitioners had moved before this Court with a prayer for bail in Cr. Misc. No. 79982 of 2018 and this Court, vide order dated 25.1.2019, rejected the same on merit. It appears that out of 13 witnesses, 8 witnesses have been examined by the prosecution.

In view of the above, the prayer for bail of the petitioners, above named, is rejected for the present with a direction to the court below to conclude the trial expeditiously preferably within a period of nine moths from the date of restoration of the normal court proceeding.

(Shivaji Pandey, J) rishi/- U T