Shailesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.37684 of 2015 (4) dt.08-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37684 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Shailesh Paswan Son of Yadu Paswan Resident of village - Sundarpur, P.S. Belaganj, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51803 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Akhilesh Paswan, Son of Musafir Paswan, Resident of VillageSundarpur, P.S.- Belaganj, District- Gaya. (Bihar). .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.37684 of 2015) For the Petitioner/s : Mr. Dudheshwar Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) (In Cr.Misc. No.51803 of 2015) For the Petitioner/s : Mr. Dudheshwar Singh For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 08.12.2015 Both the above stated petitions arise out of Belaganj P.S. Case no. 52/2015 registered under sections 147, 148, 149, 341, 447, 323,325, 307, 302 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.37684 of 2015 (4) dt.08-12-2015 There is allegation against these petitioners that they along with other FIR named accused persons mercilessly assaulted the deceased as a result of which deceased died. Similarly, they also assaulted the family members of the deceased. The post mortem report of the deceased reveals that several injuries were found on the person of the deceased and, therefore, aforesaid injuries corroborate the allegation levelled against the petitioners. Hence, I am not inclined to release the petitioners on bail. Accordingly, their prayer for bail in connection with Belaganj P.S. Case no. 52/2015 stands rejected, at least, at this stage.

However, Chief Judicial Magistrate, Gaya/ concerned court is directed to commit the case of the petitioners to the court of sessions within two weeks in accordance with law from the date of receipt/production of a copy of this order and after commitment, the trial court shall expedite the trial of the petitioners and try to conclude the same as early as possible within six months from the date of receipt of the record in sessions court, failing which petitioners may renew their prayer for bail before trial court itself.