Patna High CourtCR. MISC./75370/2019rejected

Durga Paswan @ Durga Kumar @ Durga Kumar Paswan v. The State Of Bihar

2020-06-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75370 of 2019 Arising Out of PS. Case No.-85 Year-2017 Thana- SALAKHUA District- Saharsa ====================================================== DURGA PASWAN @ DURGA KUMAR @ DURGA KUMAR PASWAN Son of Darmeshwari Paswan Resident of Village- Mundichak, P.S.- Salkhua, District- Saharsa.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mrs. (Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Salkhua (Banma Itahari O.P.) P.S. Case No. 85 of 2017, Corresponding to ST. No. 01 of 2019, disclosing offence punishable under Section 302 and other allied Sections of the Indian Penal Code. The petitioner had earlier approached this Court seeking grant of regular bail by making application giving rise to Cr. Misc. No. 42182 of 2017, which was rejected by an order dated 01.12.2017, considering the seriousness of the offence alleged.

The petitioner has renewed his prayer for bail by filing the present application. When the matter was taken up on 29.11.2019, present status of the trial, pending before the court

Patna High Court CR. MISC. No.75370 of 2019(4) dt.04-06-2020 2/2 below, arising out of this case, was called for. The report submitted by the learned Additional Sessions Judge-I, Saharsa dated 07.12.2019 is available on record, from which it appears that one witness has been examined and seven witnesses are yet to be examined.

Considering the gravity of the offence alleged against the petitioner and since there is no such new development as to make out a case for reconsidering the petitioner's application for grant of regular bail, this application is rejected. The petitioner shall be at liberty to renew his prayer for bail after six months, if in the meanwhile, there is no progress at all in the trial. Let the court below make earnest endeavour to dispose of the trial expeditiously.

(Chakradhari Sharan Singh, J) Rajesh/- U T