Chandan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55291 of 2023 Arising Out of PS. Case No.-131 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Chandan Paswan Son Of Late Jaihind Paswan Resident Of Village - Dadaur, P.S. - Bakhtiarpur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-10-2023 Heard Mr. S.K. Lal, learned counsel appearing on behalf of the petitioner, Mr. Md. Matloob Rab, learned additional prosecutor appearing for the State.
2. An application for grant of bail to the petitioner, who is in custody in connection with Sessions Trial No. 378 of 2020, arising out of Bakhtiyarpur P.S. Case No. 131 of 2020, registered for the offenses punishable under section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the third attempt made on behalf of the
Patna High Court CR. MISC. No.55291 of 2023(3) dt.06-10-2023 2/3 petitioner, renewing the prayer for bail as earlier the prayer for bail of the petitioner was negated by this Court, lastly vide order dated 26.04.2023, after taking into consideration the fact that the petitioner is alleged to be author of the fatal injury causing the death of father of the informant.
4. However, while disposing the earlier petition, observation was made by this Court to conclude the trial as early as possible, preferably within a period of three months, as it was informed that the trial is at the fag end.
5. This time again, present status report is called for. From perusal of which it appears that the station entry diary was called for on 08.09.2023 and it is expected that the trial is to be concluded within a period of two months.
6. The learned counsel for the State submits that earlier twice the prayer of the petitioner had been rejected on merit and there is no overwhelming or cogent circumstances warranting reconsideration, that apart the petitioner is also accused in three other criminal cases.
7. Considering the submissions made on behalf of the parties, this Court is not persuaded to enlarge the petitioner on bail for the present, however, this Court observes that the trial Court shall take all endeavors to conclude the trial within the
Patna High Court CR. MISC. No.55291 of 2023(3) dt.06-10-2023 3/3 stipulated period as expected in the status report.
8. It is needless to observe that within the stipulated period, if the trial is not concluded, this Court would be left with no option but to consider the prayer of the petitioner for the grant of bail.
(Harish Kumar, J) supratim/- U T