Patna High CourtCR. MISC./49805/2023rejected

Mahesh Paswan v. The State Of Bihar

2023-11-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49805 of 2023 Arising Out of PS. Case No.-458 Year-2018 Thana- FATUA District- Patna ====================================================== MAHESH PASWAN S/O LATE BASU PASWAN R/O VILLAGEHAZIPUR, P.S- FATUHA, DISTT.- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Soni Kumari, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner is accused in connection with Sessions Trial No. 22/2019 arising out of Fatuha P.S. Case No. 458/2018 registered for the offence under Sections 302, 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected thrice on merit by this Court vide Cr. Misc No. 49426 of 2019, Cr. Misc. No. 36735 of 2020 and Cr. Misc. No. 46745 of 2021 vide orders dated 25.09.2019, 10.02.2021 and 06.10.2021 respectively. He further submits that the petitioner is in custody since 03.10.2018.

4. Learned Additional Public Prosecutor appearing for

Patna High Court CR. MISC. No.49805 of 2023(4) dt.03-11-2023 2/2 the State opposes the prayer of bail of the petitioner has earlier been rejected thrice on merit and there is no fresh ground available on the record. He therefore, submits that petitioner does not deserve to be enlarged on bail.

5. Considering the nature of allegation levelled against the petitioner and the submissions advanced on behalf of the Additional Public Prosecutor, this Court is not inclined to grant the privilege of bail to the petitioner. His prayer for bail is accordingly rejected.

6. However, the learned Trial Court is directed to conclude the trial within a period of 6 months from today. (Arvind Srivastava, J) tusharika/- U T