Janki Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27944 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Janki Paswan son of Late Budha @ Budhu Paswan resident of village Mohadipur, P.S. Warsaliganj, District Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2017 Heard the parties.

This application is for grant of regular bail in connection with Warsaliganj P.S.Case No.203 of 2016, S.T.R.No.386 of 2017/22 of 2017, registered for the offences under Sections 364, 365 and 34 of the Indian Penal Code.

The petitioner is named in the F.I.R.

Submission of the learned counsel for the petitioner is that except the fact that he has taken deceased along with him, there is absolutely nothing against the petitioner and he has been falsely implicated in this case. It is also submitted that the petitioner is in custody for about 6 1⁄2 months.

Heard learned A.P.P. and the learned counsel for the informant. The learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.27944 of 2017 (5) dt.12-07-2017 2/2 prayer for bail stating that the petitioner has taken Rs.01 lac to run business and with respect to that there was dispute between the parties so the petitioner has taken deceased and thereafter they killed him, which will appear from the confessional statement of the co-accused, as such there is circumstances against the petitioner at this stage. Furthermore, it is submitted on behalf of the petitioner that the case is pending for hearing for discharge of the petition filed by the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to dispose of the petition filed by the petitioner and if the charge is framed against the petitioner, the learned trial court will take all efforts to dispose of the case within a period nine months, and if not concluded, the petitioner is at liberty to renew his prayer for bail.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T