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Patna High CourtCR. MISC./66787/2021disposed

Balwant Paswan @ Balwant Kumar v. The State Of Bihar

2022-02-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66787 of 2021 Arising Out of PS. Case No.-322 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== BALWANT PASWAN @ BALWANT KUMAR, Son of Late Bhagwat Paswan Resident of Village - Manjhauli, Police Station - Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2022 Heard Mr. Manish Kumar No. 2, learned advocate for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 108 of 2021 / 47 of 2021, arising out of Wazirganj P. S. Case No. 322 of 2019.

The prayer for bail of the petitioner was earlier rejected by order dated 05.02.2021.

The trial court was directed in that instance to conclude the trial preferably within one year from the date of production/receipt of a copy of the order of this Court.

Patna High Court CR. MISC. No.66787 of 2021(3) dt.09-02-2022 2/3 The learned advocate for the petitioner submits that the trial has not yet been concluded. This Court had called for a report about the stage of the case from the court below.

The report dated 4th of January, 2022 indicates that charges in this case were framed on 27.10.2021 and the case is fixed on every Wednesday for trial.

However, regard being had to the nature of accusation and background facts, I am not inclined to grant bail to the petitioner during the pendency of the trial.

The prayer for bail is rejected.

However, the trial court is directed to positively conclude the trial without any delay. If there is no substantial progress in the trial within next six months, it would be open for the petitioner to approach the trial court for grant of bail and in that event, the court below shall be under an obligation to record the reasons for the tardy progress of the trial.

The petition stands disposed off

Patna High Court CR. MISC. No.66787 of 2021(3) dt.09-02-2022 3/3 accordingly.

(Ashutosh Kumar, J) skm/- U T