Ajeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67270 of 2024 Arising Out of PS. Case No.-109 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== Ajeet Paswan Kameshwar Paswan Resident of Village- Gohar Nagar, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the State :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 07.08.2023 in Cr. Misc. No. 41322 of 2023.

3. The petitioner seeks bail in connection with Sikandra P.S. Case No. 109 of 2022 registered for the offence punishable under Sections 341, 323, 307, 504, 506, and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The following order was passed on 07.08.2023 in Cr. Misc. No. 41322 of 2023 which reads as under: " Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences

Patna High Court CR. MISC. No.67270 of 2024(2) dt.03-10-2024 2/3 punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner that he shot at the son of the informant, as a result of which, he sustained gunshot injuries on his stomach and subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 03.05.2022, the F.I.R was registered on 07.05.2022 without explaining the delay. The deceased himself was a veteran criminal and he might be killed by his rivals. The petitioner is languishing in custody since 19.05.2022. During investigation, other witnesses have given contradictory statement. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he shot at the deceased, as a result of which, he died during treatment. The postmortem report as well as the witnesses have also supported the case of the prosecution.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest."

5. It has been submitted by learned counsel for the petitioner that the petitioner is in jail since 19.05.2022.

6. Learned counsel for the petitioner submit that one

Patna High Court CR. MISC. No.67270 of 2024(2) dt.03-10-2024 3/3 witness has been examined in the trial and eight more witnesses are to be examined.

7. In view of the fact that the trial has begun and one witness has bee examined, this application stands dismissed.

8. The Superintendent of Police, Jamui is directed to produce the witnesses on the date fixed so that the trial is not delayed.

9. Let a copy of this order be communicated to the District Judge, Jamui and the Superintendent of Police, Jamui for its compliance through FAX or e-mail forthwith. (Sandeep Kumar, J) P. Kumar U T