Jagarnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39469 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== JAGARNATH PASWAN S/o Belash Paswan R/o village- Baghaila, P.S.- Baghaila, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-08-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 307 and 120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is said to have fired hitting the son of the informant in his chest, the gunshot injury having been confirmed from the injury report. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 20.1.2022 (Annexure-2) passed in Cr. Misc. no. 34623 of 2021. Inspite of the petitioner being in custody since 17.12.2020 there is no progress in the trial in the learned trial Court.

It is submitted that there is no repetition of the shot

Patna High Court CR. MISC. No.39469 of 2022(2) dt.03-08-2022 2/2 and the petitioner undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of having fired on the son of the informant in his chest and the allegation having been substantiated from the contents of the injury report (Annexure-3), the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail after six months if there is no substantial progress in the trial.

(Partha Sarthy, J) Bibhash/- U