Suresh Pasi @ Suresh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30577 of 2023 Arising Out of PS. Case No.-179 Year-2014 Thana- KHODAWANDPUR District- Begusarai ====================================================== SURESH PASI @ SURESH CHOUDHARY s/o Rajendra Pasi @ Rajendra Choudhary Resident of Village- Bara, Police Station- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Khodawandpur P.S. Case No. 179 of 2014 arising out of S.T. No. 180 of 2023 registered under Sections 302/34 of the Indian Penal Code lodged on 07.08.2014 by the informant, Dhaneshwari Devi.

As per the prosecution story, the allegation is that the informant's husband used to do fishing work at Nagadharm Pond and stayed there for safety of fishes and she used to take food for her husband. On the fateful day, 07.08.2014, when she went there, her husband took meal and while she was collecting utensils, saw 7-8 criminals armed variously came and fired on

Patna High Court CR. MISC. No.30577 of 2023(3) dt.22-08-2023 2/2 her husband, who died on the spot. Accordingly, the FIR. Learned counsel for the petitioner submits that omnibus allegation has been made against the named accused persons, no specific role has been assigned to the petitioner and he has remained in custody since 18.01.2023 (as stated in paragraph-13 of the petition).

Learned APP for the State opposes the prayer for bail stating that the matter is of 2014 and due to his delayed appearance, the trial could not be conducted against him despite the fact that he is named accused in the FIR. Considering the fact that FIR lodged in the year 2014, the petitioner chose to walk into custody only in 2023, for the present, this Court is not inclined to extend any relief to him which is accordingly rejected.

In view of the fact that the matter is of 2014, the Trial Court is directed to conclude the trial preferably within a period of nine months.

(Rajiv Roy, J) Jagdish/- U T