Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29117 of 2025 Arising Out of PS. Case No.-96 Year-2012 Thana- BHAGWANPUR District- Vaishali ====================================================== Naresh Paswan S/o Late Ram Shrest Paswan Resident Of Village- Bararup, P.S.- Bhagwanpur, Distt- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 347 of 2023 arising out of Bhagwanpur P.S. Case No. 96 of 2012 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Earlier vide order dated 19.04.2024 passed in Cr. Misc. No. 66282 of 2023, the prayer for grant of bail to the petitioner was rejected by a coordinate Bench of this Court. This is the second attempt of the petitioner for grant of bail.

4. Allegation against the petitioner and other coaccused persons is that they brutally assaulted the brother-in-law of the informant, namely, Ranjeet Bhagat due to which he

Patna High Court CR. MISC. No.29117 of 2025(2) dt.15-05-2025 2/3 succumbed to injuries.

5. Learned counsel for the petitioner submitted that earlier vide order dated 19.04.2024 passed in Cr. Misc. No. 66282 of 2023, the prayer for grant of bail to the petitioner was rejected with observation to renew the same after a period of nine months. Learned counsel, therefore, submitted that this is second attempt of the petitioner for grant of bail in light of the observation given by a coordinate Bench of this Court. Learned counsel mainly submitted that petitioner is languishing in jail for the last twelve years and there is no progress in the trial even though charges against the petitioner were framed on 01.08.2023. Learned counsel further submitted that till date not even a single witness has been examined. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.11.2013 and has one criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, there being no significant progress in the trial as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.29117 of 2025(2) dt.15-05-2025 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.Tr. No. 347 of 2023 arising out of Bhagwanpur P.S. Case No. 96 of 2012, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T