Arvind Paswan @ Arvind Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62585 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- RAUTARA District- Katihar ====================================================== ARVIND PASWAN @ ARVIND KUMAR PASWAN S/O SHAMBHU PASWAN R/O VILLAGE - HARIJAN TOLA, PALTANIJA, P.S. - RAUTARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. no. 262 of 2022 (arising out of Rautara P.S. Case no.11 of 2022) registered under section 302 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he received information from his daughter that his son-inlaw had been done to death.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He was falsely implicated in the case in course of investigation. There is no eye witness to the occurrence nor is there any material to remotely connect the petitioner to the alleged crime. The

Patna High Court CR. MISC. No.62585 of 2023(3) dt.06-12-2023 2/2 petitioner is in custody since 8.4.2022 and and undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P. for the State who submits that as per the material that has transpired in course of investigation the petitioner was last seen with the deceased. The money which the deceased was carrying as also his mobile phone all went missing on his dead body being recovered. The trial has commenced in the learned trial Court and two prosecution witnesses have been examined.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation and specially the trial having commenced in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial and to conclude the same preferably within a period of six months from the date of communication of this order.

(Partha Sarthy, J) Bibhash U T