Shailendra Paswan @ Surendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30208 of 2020 Arising Out of PS. Case No.-3 Year-2013 Thana- BIHARSHARIF District- Nalanda ====================================================== SHAILENDRA PASWAN @ SURENDRA PASWAN S/o Bachchu Paswan Resident of Village-Mohiuddinpur, P.S.-Rahui, District-Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case as lodged by the informant is that he along with Amarjeet Paswan was coming from his village to Biharsharif by motorcycle. Informant is the pillion rider and when he proceeded Rahui more, four persons came there from behind intercepted the motorcycle in the meantime, Kunal Paswan caught hold him and Shailendra Paswan (petitioner) shot fire which hit on back side of informant consequently he fell down.
Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He
Patna High Court CR. MISC. No.30208 of 2020(4) dt.05-02-2021 2/2 submits that petitioner is languishing in judicial custody since 02.02.2020.
Vide order dated 08.01.2021, a report was called for from the court of learned Additional Session Judge-VIth, Nalanda at Biharsharif. The report has since been received which indicates that prosecution evidence has been closed on 11.01.2021 and next date is fixed on 13.01.2021 for recording statement of accused under Section 313 Cr.P.C. It has been further stated in the report that after closing argument from both side, the judgment shall be delivered without any delay. It will take about fifteen day, i.e. case shall be decided prior to the end of January, 2021.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Sessions Trial No. 796A of 2013 arising out of Bihar P.S. Case No. 03 of 2013 pending before the court of the learned Additional Sessions Judge-VIth, Nalanda at Biharsharif.
Accordingly, the application is dismissed. However, trial court is directed to conclude the trial within one month. (Anjani Kumar Sharan, J) devendra/- U T