Ashok Paswan @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70502 of 2024 Arising Out of PS. Case No.-174 Year-2022 Thana- PALI District- Jehanabad ====================================================== Ashok Paswan @ Ashok Kumar S/o Arun Paswan (Husband) R/o VillageGolakpur Barawan, P.S.- Pali, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Ram, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.433 of 2023 arising out of Pali P.S. Case No. 174 of 2022 lodged on 27.12.2022, for the offences punishable under Sections 302, 328 & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner against whom there is allegation that they have assaulted the informant's daughter and gave her poison due to which, she died in the hospital.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the criminal antecedent of the petitioner is clean

Patna High Court CR. MISC. No.70502 of 2024(3) dt.04-12-2024 2/3 and he is in custody since 21.01.2023. Counsel submits that charge has already been framed in this case and trial has commenced for adducing evidence. Counsel further submits that out of 8 charge-sheet witnesses, only four witnesses have been examined and there is no chance of completion of evidences in near future and as such, petitioner be granted bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the Trial Court may be directed to conclude the trial.

6. After hearing the arguments, it transpires to this Court that the present case is relating to Jehanabad district and out of 8 charge-sheet witnesses, examination of four chargesheet witnesses have already taken place. As such, this Court is of the view that the trial should be expedite as early as possible.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

8. Superintendent of Police, Jehanabad is directed to produce evidence in this case in connection with Sessions Trial No.433 of 2023 arising out of Pali P.S. Case No. 174 of 2022 within two months from the date of receiving the copy of this order. And, Trial Court is directed to complete the trial within 4-6 months.

Patna High Court CR. MISC. No.70502 of 2024(3) dt.04-12-2024 3/3

9. Office is directed to transmit a copy of this order to the Superintendent of Police, Jehanabad through fax, e-mail or any other mode forthwith. Office is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, Jehanabad at his level.

(Dr. Anshuman, J) Divyansh/- U T