Chhotelal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51201 of 2022 Arising Out of PS. Case No.-10 Year-2014 Thana- JAGDISHPUR District- Bhagalpur ====================================================== CHHOTELAL PASWAN S/o Bhola paswan Resident of Village - Tekni, P.S.- Rajaun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is the second attempt of the petitioner to seek bail as earlier by order dated 15.11.2021 in Cr. Misc. No. 19677 of 2021 his bail was rejected with an observation that, in the event, if the trial is not completed within a period of eight months then the petitioner will be at liberty to move the Court for renewing his prayer for regular bail, accordingly the present application has been filed.

The petitioner seeks bail in a case registered for the offences punishable under Sections 498(A), 328, 307, 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that prosecution witnesses have been examined but the doctor till date has not been examined, despite there being a specific

Patna High Court CR. MISC. No.51201 of 2022(2) dt.28-09-2022 2/2 direction to the Superintendent of Police, Bhagalpur to ensure the presence of the Investigating Officer and Doctor, so that the proceeding before the learned trial court culminates expeditiously, it is submitted that despite such specific direction the trial has not concluded and the doctor till date has not been examined.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jagdishpur P.S. Case No. 10 of 2014.

Further, if the learned trial court comes to a conclusion that the petitioner after being released on bail is trying to delay the trial in any manner, the learned trial court shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) Shivam/- U T