Puja Kumari @ Pooja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53281 of 2022 Arising Out of PS. Case No.-48 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== PUJA KUMARI @ POOJA KUMARI Wife of Dhiraj Paswan , D/o Kailash Paswan R/V- Chaila , P.S- Pakridayal, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2023 Heard learned counsel for the parties.

The petitioner has renewed her prayer for grant of regular bail in a case registered under sections307, 332, 333, 353, 414, 120B, 147, 148 and 149 of the Indian Penal Code, sections 25(A), 25(1a), 25(1aa), 26, 27 and 35 of the Arms Act sections 16, 18 and 20 of the U.A.P. Act and sections 3 and 4 of Explosive Act.

As per the prosecution case, as a result of I.E.D. blast carried out by the Naxalites together with the indiscriminate firing on the police personnel, four persons died. Large number of incriminating articles including AK-47 rifles, detonators,

Patna High Court CR. MISC. No.53281 of 2022(4) dt.04-01-2023 2/3 cartridges etc. were recovered and six accused persons were named in the FIR which included the petitioner herein. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide orders dated 22.11.2021. There is no allegation of any overt act against this petitioner. There is no progress whatsoever in the learned trial court inspite of the petitioner having remained in custody since 30.8.2020. The petitioner did not have any criminal antecedents before this case. There are two minor children who have been left unattended because of the false implication of this petitioner. The petitioner who is the lady is suffering from medical ailments.

The application for bail is opposed by learned APP for the State.

A report was called for from the learned trial Court. As per the report received contained in letter dated 25.11.2022 of the learned Addl. Sessions Judge 1st, Bagaha, West Champaran, the case has been committed to the court of sessions.

Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR wherein four persons were killed together with the petitioner

Patna High Court CR. MISC. No.53281 of 2022(4) dt.04-01-2023 3/3 being a named accused in the FIR, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T