Khiro Paswan @ Naresh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.6495 of 2016 (3) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6495 of 2016 Arising Out of PS.Case No. -38 Year- 2002 Thana -CHAKAI District- JAMUI ======================================================

1. Khiro Paswan @ Naresh Paswan S/o Late Puran Paswan, R/o Vill.- Fatehpur, P.S.- Chakai, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chakai P.S. Case No. 38 of 2002 registered for the offences punishable under Sections 341, 323, 324, 307, 302/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused with an intention to kill Md. Hussain Ansari, the brother of the informant, assaulted him with Tangi and during treatment the brother of the informant died.

Submission is of false implication and that the informant is not the eye witness of the occurrence, only on suspicion the petitioner has been implicated, during investigation

Patna High Court Cr.Misc. No.6495 of 2016 (3) dt.20-04-2016 it has come that the deceased used to misbehave with women at the time of cutting wood resulting extremists have killed him and, as such, the petitioner suffering in custody since 05.11.2015 deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that witness Sanju Marandi vide para 22 of the case diary has stated that the petitioner assaulted the deceased with Tangi resulting Hussain Ansari died and further witness Sadik Ansari has also supported the same vide para 21 of the case diary.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Chakai P.S. Case No. 38 of 2002 pending in the court of Sri. Lalan Kumar, learned J.M. 1st Class, Jamui.

However, considering the detention of the petitioner, let the trial be started and concluded preferably within nine months.

(Jitendra Mohan Sharma, J) sushma/- U T