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Patna High CourtCR. MISC./30361/2025rejected

Dayanand Paswan v. The State Of Bihar

2025-06-20Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30361 of 2025 Arising Out of PS. Case No.-30 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== DAYANAND PASWAN S/o- Late Laldeo Paswan @ Laldev Paswan VillageMagha Malpur Ps- Khushrupur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and learned Mr. Md. Ataur Rahman, A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 11.02.2022, in connection with Khushrupur P.S. Case No. 30 of 2022, FIR dated 10.02.2022 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code and under Section 27 of Arms Act.

3. Earlier the bail application of the petitioner was rejected thrice vide order dated 02.08.2023 in Cr. Misc. No. 5599 of 2023, 02.08.2024 in Cr. Misc. No. 54916 of 2024 and 26.11.2024 in Cr. Misc. No. 70009 of 2024.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.30361 of 2025(3) dt.20-06-2025 2/3 implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R. He further submits that trial is not in progress and the petitioner is rotting in judicial custody since 11.02.2022.

5. Vide order dated 02.05.2025 a report was called with regard to stage of the trial. Report of the learned Trial Court dated 04.06.2025 reveals that on 28.04.2025, the prosecution evidence was closed and on 24.05.2025, the statements of all three accused have been recorded under Section 313 of the IPC and the case is scheduled for defense evidence on 06.06.2025.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner the he murdered the informant's mother, namely, Leela Devi.

6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Khushrupur P.S. Case No. 30 of 2022 pending in the Court of District & Additional Sessions Judge-IV, Patna City.

Patna High Court CR. MISC. No.30361 of 2025(3) dt.20-06-2025 3/3

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Suruchi/- U T