Dhirendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.149 of 2016 Arising Out of PS.Case No. -324 Year- 2014 Thana -WAJIRGANJ District- GAYA ====================================================== Dhirendra Paswan son of Deonandan Paswan, Resident of village- Deokuli, P.S.- Guraru, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 18.07.2014 in connection with Sessions Trial No.220 of 2014 / 504 of 2014 arising out of Wazirganj P.S. Case No.324 of 2014 for the offence s under Sections 395 and 412 of the Indian Penal Code. This is the second attempt on behalf of the petitioner for grant of bail.

The prosecution case, in brief, is that the informant being the driver of a truck bearing No.UP-32-CZ 0270 was carrying wooden logs from Lucknow to Silao, District- Nalanda. On 16.07.2014 at about 12.30 A.M. his truck had been intercepted by four persons carrying arms came there in a bus and caught

Patna High Court Cr.Misc. No.149 of 2016 (5) dt.20-07-2016 2/3 hold the informant and after assaulting him asked him to board in the bus.Thereafter, the miscreants tied the informant by the side of the road and took away the truck and bus together. At about 4.30 A.M. a man and a woman of the village came on the road and untied the informant. In the meantime a police party came there and after narrating the incident to the police, the police team and the informant proceeded towards the direction to which the truck was taken away.After traveling some distance, the police team saw the truck and bus and after overtaking the said vehicles three persons had been apprehended. On the basis of written report of the informant Wazirganj P.S. Case No.324 of 2014 has been instituted.

The earlier bail application of the petitioner was rejected vide Cr.Misc. No.50991 of 2014 dated 22.12.2014. By order dated 22.06.2016 a report regarding the stage of the trial was called for from the court below. The same is at Flag "Y". It has been stated in the said report that two witnesses have already been examined by the prosecution and against the rest of the witnesses N.B.W. has already been issued. Since the trial is already in progress, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.

Patna High Court Cr.Misc. No.149 of 2016 (5) dt.20-07-2016 3/3 Any how, the trial court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) AnilKrSinha/- U T