Patna High CourtCR. MISC./43896/2022dismissed

Vishal Paswan @ Kanchan Paswan v. The State Of Bihar

2022-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43896 of 2022 Arising Out of PS. Case No.-394 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Vishal Paswan @ Kanchan Paswan, aged about 27 years, Gender-Male, Son of Rajendra Paswan, Resident of village- Kandap, P.S.- Gaurichak, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jay Ram Prasad, Advocate For the Opposite Party :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

Earlier bail applications of the petitioner were rejected vide Cr. Misc. No. 11650 of 2019 under order dated 18.06.2019, Cr. Misc. No. 27148 of 2020 under order dated 28.01.2021 and Cr. Misc. No. 58594 of 2021 under order dated 19.01.2022, annexed as Annexures-1 series to the present bail application taking into account that the petitioner is the husband of the deceased and the onus is on him to explain the cause of death of the deceased.

Patna High Court CR. MISC. No.43896 of 2022(3) dt.17-10-2022 2/2 This is fourth attempt on behalf of the petitioner for grant of bail.

A report was called for from the court below regarding the present stage of the case. It has been reported that the statement under Section 313 Cr.P.C. has already been recorded and the trial is likely to be concluded within a period of two months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in Sessions Trial No. 353/2019, arising out of Gaurichak P.S. Case No. 394 of 2018, pending in the court of learned Additional Sessions Judge-VI, Patna City, Patna. Learned court below is directed to take all necessary steps to conclude the trial preferably within a period of two months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) U.K./- U T