Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31524 of 2020 Arising Out of PS. Case No.-662 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== MUKESH PASWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2021 Heard both sides.

The petitioner seeks bail in Sessions Trial No. 391/2019, arising out Hajipur Sadar P.S. case No. 662/2018, registered u/s 302 and some other Sections of the IPC and u/s 27 of the Arms Act.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 27.08.2019 passed in Cr. Misc. No. 39569/ 2019.

The learned counsel for the petitioner submits that injured witness did not disclose that it was the petitioner who fired causing injury to Shahnawaz Kuraishi but the prayer of petitioner for bail was rejected but it appears from perusal of paragraph 6 and 10 of the case diary that it was the petitioner who fired and the projectile hit on the chest of Shahnawaz

Patna High Court CR. MISC. No.31524 of 2020(3) dt.08-01-2021 2/2 Kuraishi who died during the course of treatment. The learned counsel for the petitioner further submits that now the case has been compromised and this fact itself shows that the petitioner is bent upon to gain over the prosecution witnesses and he started tampering with the evidence.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within one year from the receipt of this order.

The Superintendent of Police, Vaishali is directed to ensure the attendance of prosecution witnesses in the trial court so that the trial must be concluded within one year. Let a copy of this order be sent to the trial court and Superintendent of Police, Vaishali for information and needful. (Prabhat Kumar Jha, J) BKS/- U T