Balwant Kumar @ Balwant Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33497 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== Balwant Kumar @ Balwant Paswan, male, aged about 40 years, Son of Late Bhagwat Paswan, Resident of Village-Manjhauli, P.S.-Wazirganj, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2021 Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Wazirganj P.S. Case No. 322 of 2019, dated 14.09.2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 354, 379 and 307 of the Indian Penal Code.

Patna High Court CR. MISC. No.33497 of 2020(3) dt.05-02-2021 2/3 Later on, Section 302 of the I.P.C. was also added. The petitioner is said to have assaulted the deceased by means of an iron rod along with another person. The postmortem report reveals the consequent injury on the deceased.

The petitioner is in custody since 17.03.2020. It has been submitted on behalf of the petitioner that from the First Information Report itself, it would appear that there is an old dispute between the parties. Regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.

The prayer for grant of regular bail of the petitioner is, accordingly, rejected.

However, keeping in mind the period of custody of the petitioner and the background facts, this Court directs that the trial of the petitioner be expedited and concluded preferably within a period of one year from the date of receipt/production of a copy of this order.

If there is no substantial progress in the trial within

Patna High Court CR. MISC. No.33497 of 2020(3) dt.05-02-2021 3/3 the next six months, the petitioner would be at liberty to approach the Trial Court for grant of bail and in that event, the Trial Court would be required to state the reasons for the tardy progress of the trial.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T