Chandrashekhar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76241 of 2018 Arising Out of PS. Case No.-91 Year-2014 Thana- GADHPURA District- Begusarai ====================================================== Chandrashekhar Paswan Son of Bhukhal Paswan, resident of VillageMurraha, P.S.- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State .

The petitioner seeks bail in connection with Garhpura P.S. Case No. 91 of 2014 instituted for the offence under Section(s) 302/384/34 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report, it is alleged that this petitioner fired near the mouth of brother of the informant causing serious injury to him on account of which he succumbed to the injuries.

Case diary has been received in this case, wherein, the postmortem report is available. .

Learned counsel for the State after looking into the case diary and postmortem report submits that postmortem

Patna High Court Cr.Misc. No.76241 of 2018(3) dt.22-01-2019 2/2 report fully supports the allegation made again this petitioner in the written report.

Learned Sessions Judge, Begusarai has mentioned in the impugned order that in the postmortem report doctor has found firearm injury on the mouth of the deceased. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Learned counsel for petitioner submits that petitioner is in custody since 20.2.2017.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T