Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33513 of 2025 Arising Out of PS. Case No.-109 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Kailash Paswan S/O Late Ataru Paswan R/O Vill.- Bhagirpur, Bhagipur, Ward no. 3, P.s.- Alamnagar, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-07-2025 Heard Mr. Alok Kumar Singh, learned counsel for the petitioner and learned Mr. Binod Kumar, A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 12.05.2022, in connection with S.T. No. 276 of 2022 arising out of Alamnagar P.S. Case No. 109 of 2022, FIR dated 05.05.2022 registered for the offence under Section 376 of the Indian Penal Code.

3. Earlier the bail application of the petitioner was rejected twice vide order dated 14.03.2023 in Cr. Misc. No. 51943 of 2022 and vide order dated 10.05.2024 in Cr. Misc. No. 14095 of 2024.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the allegation as

Patna High Court CR. MISC. No.33513 of 2025(3) dt.04-07-2025 2/2 alleged in the F.I.R is false and fabricated. The petitioner is rotting in judicial custody since 12.05.2022.

5. Vide order dated 16.05.2025 a report was called with regard to stage of the trial. Report of the learned Trial Court dated 20.05.2025 reveals that out of eight charge-sheet witnesses, seven witnesses have been examined and only doctor is required to be examined in the present case.

6. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with Alamnagar P.S. Case No. 109 of 2022 pending in the Court of District and Additional Sessions Judge 1st-cum-Special Judge (SC/ST Act), Madhepura.

8. Prayer is refused.

9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Suruchi/- U T