Chandrashekhar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27707 of 2022 Arising Out of PS. Case No.-91 Year-2014 Thana- GADHPURA District- Begusarai ====================================================== CHANDRASHEKHAR PASWAN SON OF BHUKHAL PASWAN R/O VILLAGE- MURRAHA, P.S.- HASANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Advocate For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with S.T. No. 170 of 2020 arising out of Garhpura P.S. Case No. 91 of 2014, for the offence registered under Sections 302, 384 and 34 of the Indian Penal Code and Section 27 of the Arms Act, inasmuch as all the earlier petitions of the petitioner for grant of bail have stood rejected. The petitioner is alleged to have fired near the mouth of the brother of the informant, resulting in his death.
Patna High Court CR. MISC. No.27707 of 2022(4) dt.07-02-2023 2/3 The learned counsel for the petitioner submits that the petitioner is languishing in custody since 20.02.2017 without there being any progress in the trial.
This court finds from the report submitted by the learned Court of Additional District & Sessions Judge-V, Begusarai dated 21.09.2022, that charges have been framed and bailable warrant has been issued against all the non-official witnesses for their appearance. Moreover, there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail.
Nonetheless, the learned counsel for the petitioner submits that in case the trial is not concluded within a period of two years from today, the petitioner be granted liberty to renew his prayer for bail.
In view of the aforesaid, this Court deems it fit and appropriate to dispose off the present petition with an observation that in case the trial is not concluded, within a period of two years from
Patna High Court CR. MISC. No.27707 of 2022(4) dt.07-02-2023 3/3 today, the petitioner may renew his prayer for bail. (Mohit Kumar Shah, J) S.Sb/Saurav U T