Radhe Shyam @ Radhe Shyam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49913 of 2022 Arising Out of PS. Case No.-5 Year-2021 Thana- SAKSOHRA District- Patna ====================================================== Radhe Shyam @ Radhe Shyam Paswan Son Of Sri Ram Das Paswan R/O Village- Kaima, P.S.- Saksohra, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

Petitioner seeks bail who is in custody since 07.04.2021 in connection with S. Tr. No. 440 of 2021 arising out of Saksohra P.S. Case No. 05 of 2021, F.I.R. dated 25.02.2021 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 341, 307, 302 and 504 of the Indian Penal Code.

According to prosecution case, the petitioner along with other accused persons armed with weapons assaulted the family members of the informant due to which the uncle of the informant sustained grievous injury and subsequently he died in hospital.

Patna High Court CR. MISC. No.49913 of 2022(5) dt.07-04-2023 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the F.I.R. that there is no specific allegation against the petitioner. Vide order dated 20.03.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 29.03.2023 reveals that the charge has been framed against the petitioner on 25.10.2021 and 7 witnesses have already been examined out of 9 witnesses.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 440 of 2021 arising out of Saksohra P.S. Case No. 05 of 2021 pending in the court of learned Additional District & Sessions Judge III, Barh, Patna.

Prayer is refused.

However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T