Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37448 of 2024 Arising Out of PS. Case No.-340 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Sanjay Paswan Son of Dasai Paswan Resident of Village - Muzaffarpur Malahi, P.S. - Bhagwanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No.340 of 2019 registered for the offences punishable under Sections 304B, 201 read with section 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that this is second attempt of the petitioner to get the relief of bail. Earlier his prayer for bail was rejected vide order dated 21.03.2023 in Cr. Misc. No.69478 of 2022 giving liberty to the petitioner to renew his prayer for bail after six months of the order if no significant progress is made in his trial. Learned counsel for the petitioner further submits that there is no progress in his trial, out of seven charge sheet witnesses, only three witnesses have been examined till the date of filing of instant petition and against the petitioner the charges were framed on 28.02.2022. The petitioner has been languishing in

Patna High Court CR. MISC. No.37448 of 2024(3) dt.02-08-2024 2/2 jail since 21.01.2021.

5. Learned APP has opposed the prayer for bail of the petitioner.

6. Heard both the sides. Though there is serious allegation against the petitioner but prosecution is very slow in producing and examining the prosecution witnesses as out of seven charge sheet witnesses, only three witnesses were examined till the filing of the instant petition which shows that the prosecution is very slow in producing the witnesses and the same also shows the lingering attitude of the prosecution despite the charges having been framed against the petitioner on 28.02.2022, who has been languishing in jail since 21.01.2021, considering these circumstances, this court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Bhagwanpur P.S. Case No. 340 of 2019 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) N.K/- U T