Gaytri Paswan @ Gajendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33952 of 2024 Arising Out of PS. Case No.-120 Year-2014 Thana- PARAIYA District- Gaya ====================================================== Gaytri Paswan @ Gajendra Paswan S/O -Dudheshwar Paswan R/O- VillageKamaldah P.S- Paraiya, District -Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Sharma, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2024 Heard learned counsel for the parties.

2. The following order was passed on 26.07.2023: "Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 120 of 2014 registered for the offence under Sections 353, 307, 324, 326 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case the police got information that the accused persons of Paraiya P.S. Case No. 112 of 2014 who are kidnappers were present in the Kamalda village. The police raided the place of occurrence from where the petitioner and other accused persons started firing. Ghanshyam

Patna High Court CR. MISC. No.33952 of 2024(4) dt.25-10-2024 2/3 Shah was hit in the firing of the accused persons.

It has been submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner the petitioner is in custody since 28.01.2023.

Though, the learned counsel for the petitioner has mentioned in his application that he has clean antecedents but in the impugned order it has come that the petitioner is also an accused in a case under Section 302 of the Indian Penal Code and Arms Act which clearly shows that the petitioner has suppressed the facts of the case.

Considering the suppression of the facts, serious allegation against the petitioner and also the fact that the petitioner is an absconder in case registered in the year 2014, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

The court below is directed to expedite the trial of the petitioner."

3. The trial has started and one witness has already been examined.

4. In view of the fact that the trial is started, I am not inclined to review my earlier order.

Patna High Court CR. MISC. No.33952 of 2024(4) dt.25-10-2024 3/3

5. This application is dismissed.

6. The Senior Superintendent of Police, Gaya is directed to monitor the sessions trial so that the witnesses are regularly examined in this case.

7. Let a copy of this order be communicated to the Senior Superintendent of Police, Gaya through FAX forthwith for the compliance of the order.

(Sandeep Kumar, J) Ranjeet/- U T