Rambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35109 of 2023 Arising Out of PS. Case No.-77 Year-2006 Thana- TURKAULIYA District- East Champaran ====================================================== RAMBHU PASWAN son of Late Chandrika Paswan Village- Semra Khas Hodi tola Ps- Turkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Turkauliya P.S. Case No. 77 of 2006 arising out of S.Tr. No. 295 of 2023 registered for the offences under sections 147, 148, 149, 447, 341, 323, 324, 325, 326, 302 and 504 of the Indian Penal Code lodged on 11.04.2006 by the informant, Ranjeet Pawan. The prosecution case, in brief , as stated in the written application of the informant is that his father was sitting at his door after taking meal, at about 8:00 PM in the night the petitioner alongwith other accused persons armed variously came there and started assaulting him with fists and slaps. Co-

Patna High Court CR. MISC. No.35109 of 2023(2) dt.12-07-2023 2/3 accused Chandrika Paswan gave order to kill him and on his order all the accused persons took him away to the wheat field and assaulted him. When informant's brother Raju Paswan went there to rescue his father, the accused persons also assaulted him. Co-accused Raghav Paswan assaulted the father of the informant by means of 'barchhi'. As a result, his father died on the spot. Accordingly, the FIR.

It has been contended by the learned Counsel for the petitioner that omnibus allegation has been made against all the accused persons including the petitioner herein of armed variously assaulted the father of the informant who subsequently died.

Learned APP for the State, on the other hand, submits that a bare perusal of the FIR would show it is of the year 2006 and the petitioner has walked into judicial custody after long 16 years.

Taking into account the kind of allegation and the delay which the petitioner took to take the judicial course, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

Considering the fact that the matter is of 2006, the Trial Court is directed to expedite the Trial and conclude the

Patna High Court CR. MISC. No.35109 of 2023(2) dt.12-07-2023 3/3 same preferably within a period of one year.

(Rajiv Roy, J) Neha/- U T