Heera Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22582 of 2018 Arising Out of PS.Case No. -303 Year- 2013 Thana -KHAGARIA District- KHAGARIA ====================================================== Heera Paswan, S/o Late Jugeshwar Paswan, R/o Vill.- Mathurapur, P.S. and District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 29-08-2018 Heard learned counsel for the petitioner, State and the informant.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 302/34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the accused persons including the petitioner surrounded the victim, Ram Pratap Paswan and resorted to fire. The firing made by the petitioner hit on the head of the victim.

Considering the nature of accusation, this Court rejected the prayer for bail of the petitioner vide order dated 12.03.2015 passed in Cr. Misc. No. 6012 of 2015.

Patna High Court Cr.Misc. No.22582 of 2018 (5) dt.29-08-2018 It was brought to the notice of this Court that at the stage of argument, the trial was transferred from one additional Judge to another, as a result, this Court vide order dated 08.08.2018 called for a report from learned Sessions Judge, Khagaria and which has been received.

Perused the report of learned I/C Sessions Judge, Khagaria dated 112 of 2018 which suggests that the transfer was made at the request of the defence at the stage of argument and now it is pending before Presiding Officer, Fast Track Court No. 1, Khagaria.

It is expected from the learned trial Court to conclude the trial of Sessions Trial No. 282 of 2013 within a period of one month from the date of receipt/production of a copy of this order.

Considering the present stage of the trial, this Court is not inclined to consider the grant of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. (Dinesh Kumar Singh, J) DKS/- U T