Jitendra Paswan @ Bindu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27624 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Jitendra Paswan @ Bindu Paswan Son Of Chandradeo Paswan Resident of Village - Krit Nawadah, P.S. - Chandauti, District - Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Dular Sah, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner has renewed his prayer for bail in connection with Chandauti P.S. Case No. 181 of 2021 registered for the alleged offences under Section 302, 201 and 120(B)/34 of the Indian Penal Code having earlier been rejected vide order dated 29.08.2022 passed in Cr. Misc. No. 68418 of 2021 along with analogous cases.
3. As per prosecution case, husband of the informant went missing and later on his dead-body was found in a sack. FIR was registered against unknown and during investigation the name of the petitioner transpired as one of the accused persons.
4. Learned counsel for the petitioner submits that there is no eye-witnesses to the alleged occurrence and the allegations
Patna High Court CR. MISC. No.27624 of 2023(2) dt.26-04-2023 2/3 levelled against the petitioners are false and fabricated. There is no cogent material available on record to suggest the complicity of the petitioner in the alleged occurrence. Petitioner has been arrested merely on suspicion. Learned counsel further submits that none of the prosecution witnesses have been examined till date and there is no chance of concluding the trial in near future and the petitioner is in custody since 15.07.2021.
5. Learned APP oppose the prayer for bail submitting that vide a detailed order, the prayer of bail of the petitioner was rejected earlier and there is no fresh ground to agitate the matter before this Court. Learned APP further submits that petitioner in conspiracy with other co-accused persons committed the murder of the husband of the informant as the deceased was informer of the police and he got the illicit liquor of the petitioner recovered by the police. Moreover, at the instance of this petitioner, the murder weapon along with bloodstained motorcycle were recovered. Even the broken mobile phone of the deceased was recovered at the instance of the petitioner.
6. Having regard to the rival submissions and considering the facts and circumstances of the case, I do not find any fresh ground to reconsider the prayer of bail of the petitioner.
7. Hence, the prayer for bail is rejected.
8. However, the learned trial court is directed to take
Patna High Court CR. MISC. No.27624 of 2023(2) dt.26-04-2023 3/3 immediate steps and conclude the trial within a period of one year, preferably by running the same on day to day basis. (Arun Kumar Jha, J) himanshu/- U T