Faggu Paswan @ Fagu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39267 of 2023 Arising Out of PS. Case No.-65 Year-2019 Thana- BELCHHI District- Patna ====================================================== FAGGU PASWAN @ FAGU PASWAN Son of Late Gulab Paswan Resident of village-Belchi, P.O. and P.S.-Belchi, Barh, District-Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Ranjan Sinha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 447 of 2021, arising out of Belchi Police Station Case No. 65 of 2019, dated 26.10.2019, registered for the offences punishable under Sections 147/ 148/149/341/323/325/307/302/379/504 of the Indian Penal Code.
3. This is the third attempt on behalf of the petitioner for grant of regular bail. On the last occasion, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 20.04.2022, passed in Criminal Misc. No. 9057 of 2022, with liberty to the petitioner to renew his prayer for bail after one year, if the trial does not show
Patna High Court CR. MISC. No.39267 of 2023(3) dt.09-08-2023 2/3 any progress.
1. The prosecution case, as per the First Information Report, is that the petitioner assaulted the father-in-law of the informant by means of iron-rod on his head along with co-accused Dillu Paswan who allegedly assaulted by means of Khanti.
2. Learned Counsel for the petitioner submits that the petitioner is in custody since 18.03.2020 and the trial has not yet been concluded.
3. This Court, vide order, dated 05.07.2023, had called for a report from the learned District Court regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 5th Additional Sessions Judge, Barh, Patna, and from perusal of the same, it would be evident that out of nine charge sheet witnesses, seven have been examined and the trial is pending for examination of two doctors, who has been summoned by the learned Trial Court. It is further mentioned in the report that the trial is likely to be concluded within three months.
4. After having heard learned Counsel for the parties and taking into consideration the fact that out of nine charge
Patna High Court CR. MISC. No.39267 of 2023(3) dt.09-08-2023 3/3 sheet witnesses, seven have been examined and the learned Trial Court has given estimated time for completion of the trial as three months, I am not inclined to grant regular bail to the petitioner, at this stage.
5. This application is, accordingly, dismissed.
6. However, the petitioner will be at liberty to renew his prayer for bail after three months from today, if the trial is not concluded by that time.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √