Naresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66282 of 2023 Arising Out of PS. Case No.-96 Year-2012 Thana- BHAGWANPUR District- Vaishali ====================================================== Naresh Paswan S/O Late Ram Shrest Paswan R/O Bararup, Ps- Bhagwanpur, Dist- Vaishali At Hajipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they brutally assaulted the brother-in-law of the informant, namely, Ranjeet Bhagat due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.66282 of 2023(5) dt.19-04-2024 2/3 falsely been implicated in the present case. Neither the petitioner is named in the F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up during investigation of this case. Moreover, the petitioner is languishing in judicial custody since 2.11.2013.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner is already convicted. From perusal of the status report of trial Court, it appears that the case is fixed for adducing the prosecution witness and trial is likely to be concluded within 1 year.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to hear this case on day to day basis and conclude the same within a

Patna High Court CR. MISC. No.66282 of 2023(5) dt.19-04-2024 3/3 period of nine months, since the petitioner is languishing in judicial custody since long.

However, if the trial of the petitioner is not concluded within a period of nine months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) Nirajkrs/- U T