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Patna High CourtCR. MISC./83806/2024bail rejected

Deepak Paswan @ Deepak Kumar v. The State Of Bihar

2025-01-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83806 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Deepak Paswan @ Deepak Kumar Son of Kanhaiya Paswan Resident of village- Matiyari Ward No. 02, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Forbesganj P.S. Case no. 31 of 2023 (Sessions Trial no.508 of 2024) registered under sections 302, 147, 341, 323 and 324 of the Indian Penal Code.

3. As per the prosecution case, over a land dispute, it is stated that the accused persons came variously armed and resorted to assault. It is further stated that the petitioner struck the father of the informant with an iron rod on his eyes and a repeated blow with the iron rod on his head leading to his death in course of treatment.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 14.3.2024 (Annexure-1) passed in Cr. Misc. no.

Patna High Court CR. MISC. No.83806 of 2024(3) dt.10-01-2025 2/2 14531 of 2024. Inspite of the petitioner having remained in custody since 13.11.2023 and having no criminal antecedent, the trial has still not concluded.

5. The application for bail is opposed by learned APP for the State who submits that the allegation against the petitioner is of having given repeated blows on the eyes and head of the father of the informant leading to his death.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 7.12.2024, out of the twelve charge-sheet witnesses three witnesses have been examined.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. together with the trial having commenced in the learned trial Court and three witnesses having been examined on behalf of the prosecution, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) avinash/- U T