Dharkchhan Paswan @ Dharachhan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48798 of 2015 Arising Out of PS.Case No. -76 Year- 2005 Thana -MADANPURA District- AURANGABAD ======================================================
1. Dharkchhan Paswan @ Dharachhan Paswan Son of Late Vishundhari Paswan, resident of village - War, P.S. - Madanpur, District - Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 09.10.2013 passed in Cr. Misc. No. 16618 of 2013 on the ground that the trial of the petitioner has not been concluded in the light of the observation made therein and from the report of the learned trial Judge it reveals that out of ten charge sheet witnesses only six witnesses have been examined and the Investigating Officer and the Doctor are yet to be examined and further the petitioner is suffering in custody since 25.10.2012, to which the learned A.P.P. opposes. In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.48798 of 2015 (3) dt.10-02-2016 2/2 considering that the petitioner remained absconding for a period of seven years and he is the sole accused in this case and as such again the prayer for bail of the petitioner stands rejected in connection with S. Tr. No. 01 of 2013/ 122 of 2014 arising out of Madanpur P.S. Case No. 76 of 2005 pending in the court of Additional District Judge- IIIrd, Aurangabad. However, the trial court is directed to conclude the trial preferably within four months after taking the same on priority basis from the date of receipt of this order, failing which the petitioner may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) Abhay/- U T