Karu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37359 of 2024 Arising Out of PS. Case No.-23 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Karu Paswan Son of Ram Chandra Paswan Resident of village - Mansur Nagar, P.S.- Sohsarai, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the state.
The instant application is renewed by the petitioner for regular bail which has been filed in connection with Sohasarai P.S. Case No. 23 of 2022 instituted for the offence u/s 302, 328, 120(B) of the Indian Penal Code and Section 33, 34, 36 of the Bihar Prohibition and Excise Act. Earlier the application for regular bail of the petitioner and co-accused Surendar Paswan @ Sulendra was rejected by order dated 21.04.2023 passed in Cr. Misc. No. 30789 of 2022 with an observation to learned trial court to expedite and conclude the trial.
Patna High Court CR. MISC. No.37359 of 2024(2) dt.25-06-2024 2/3 As per allegation in the F.I.R., the petitioner along with other co-accused persons are said to have been engaged in the trade of illicit due to consumption of which many persons died.
Learned counsel for the petitioner submits that similarly situated co-accused Surendra Paswan @ Sulendra has been allowed bail vide order dated 04.04.2024, passed in Cr. Misc. No. 7172 of 2024 by this Court. Moreover, petitioner is languishing in judicial custody since 18.01.2022. From the perusal of order dated 04.04.2024, passed in Cr. Misc. No. 7172 of 2024, in which co-accused Surendra Paswan @ Sulendra was granted bail, it appears that in the pursuance to the direction of this Court, a report dated 09.02.2024, regarding stage of trial has been received which suggests that trial may be concluded within 6 months. But the same has not been concluded till now. There is no hope to conclude the trial in near future.
Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.37359 of 2024(2) dt.25-06-2024 3/3 taking into consideration the facts and circumstances of the case, enlargement of bail to similarly situated co-accused Surendra Paswan @ Sulendra as well as period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sohsarai P.S. Case No. 23 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV-cum-Special Judge Excise II, Nalanda, Biharsharif. (Sunil Kumar Panwar, J) Nirajkrs/- U T