Mahendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32396 of 2023 Arising Out of PS. Case No.-338 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== MAHENDRA PASWAN S/O KRISHNA MANGAL PASWAN R/O VillageSarvodaynagar, P.O- Biharsharif, P.S- Deepnagar, Distt.- Nalanda at Bihar Sharif.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-07-2023 Heard Mr. Sanjay Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ram Naresh Ray, learned counsel for the State.
2. The petitioner seeks regular bail in connection with S.T. No. 69 of 2021, arising out of Deepnagar P.S. Case No. 338 of 2020, registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
3. This is the second attempt made on behalf of the petitioner for grant of bail, as earlier his prayer for bail was negated by this Court vide order dated 10.08.2022 passed in Cr. Misc. No. 50991 of 2021 after taking into consideration the fact that the petitioner was seen going to the place of occurrence and thereafter the incident of multiple murder took place and
Patna High Court CR. MISC. No.32396 of 2023(3) dt.19-07-2023 2/3 moreover the trial was at the fag end.
4. Learned counsel appearing on behalf of the petitioner submits that though while rejecting the prayer for bail of the petitioner vide order dated 10.08.2022, direction was given to the trial court to conclude the trial of the petitioner preferably within a period of two months from the date of communication of this order and also directed the Superintendent of Police, Nalanda to ensure the appearance of witnesses so the trial may be concluded within the time prescribed, but till date the trial has not been concluded despite, almost eleven months have been passed. He further submits that the petitioner is in custody since 11.10.2020 and the entire prosecution case is based on circumstantial evidence.
5. Learned counsel for the State as well as informant while opposing the bail application submit that this is a case of multiple murder wherein the entire family members have been done to death and moreover all the witnesses have been examined and the matter has been placed for argument and the same is likely to be concluded in a very short span of time.
6. Considering the submissions made on behalf of the parties and also taking into consideration the earlier direction, this Court further directs the trial court to take all the endeavour
Patna High Court CR. MISC. No.32396 of 2023(3) dt.19-07-2023 3/3 to conclude the trial as early as possible, preferably within a period of two months.
7. In view thereof, the prayer for bail of the petitioner stands rejected.
(Harish Kumar, J) uday/- U T