Prince Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84994 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== PRINCE KUMAR PASWAN SON OF SHIV KUMAR PASWAN R/O VILLAGE- SAHWANI POKHAR, P.S.- SAKRI, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Adv.
For the Opposite Party/s :
Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2024
1. Heard learned counsel for the Petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with S. Tr. No. 410/2022 arising out of Pandaul P.S. Case No. 55 of 2022, dated 28.03.2022 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier approached to this Court for the relief of regular bail which was rejected by this Court vide order dated 12.10.2022 passed in Cr. Misc. No. 40359 of 2022 and he has again come before this Court for the same relief mainly on the ground of the liberty granted to him by this Court to renew his bail prayer, if no
Patna High Court CR. MISC. No.84994 of 2023(2) dt.12-01-2024 2/3 significant progress is made in his trial in one year from the date of the order by which the petitioner's earlier prayer was rejected and thereafter, a period of about 15 months has passed but till date no prosecution witness has been examined despite the charges having been framed upon the petitioner. Further submissions are that out of total eleven accused persons, five are on bail and the witnesses who are to be examined in the trial of the petitioner are official persons and he has been languishing in jail since 29.03.2022, though against him, there are criminal antecedents of three cases but out of them he has got bail in two cases.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly taking into account the stage of petitioner's case and his custody period and also the fact, that the petitioner's trial has started as per above submission and all the witnesses who are to be examined are official persons, in my opinion, in the said circumstances, the petitioner now deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.84994 of 2023(2) dt.12-01-2024 3/3 satisfaction of the concerned Court in connection with S. Tr. Case No. 410/2022 arising out of Pandaul P.S. Case No. 55 of 2022.
(Shailendra Singh, J) Maynaz/- U T