Ashok Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1820 of 2025 Arising Out of PS. Case No.-25 Year-2000 Thana- DHANARUA District- Patna ====================================================== Ashok Paswan Son of Late Chandeshwar Paswan Resident of Village - Chapaur, P.S.- Masaurhi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Dhanarua P.S. Case no. 25 of 2000 registered under sections 302, 341 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that on 25.3.2000 at about 6 am three accused persons carrying a country made pistol abused, assaulted and took away his father. Soon thereafter gunshots were heard. The informant and others started to search and discovered the dead body of the informant's father with four gunshot injuries.
4. It is submitted by learned Senior counsel for the petitioner that the petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.1820 of 2025(4) dt.15-04-2025 2/2 case. There is no eye witness to the alleged occurrence. On learning about the pendency of the case, the petitioner suo motu surrendered on 29.1.2024 and undertakes to cooperate in the case/trial.
5. Learned A.P.P. for the State submits that in a case registered in the year 2000, though the petitioner was named as one of the three accused who had taken away the informant's father in paragraph nos. 34 and 35 of the case diary recorded on 18.5.2000 itself, the petitioner continued to abscond and could be taken into custody only in the year 2024.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the material that has transpired in course of investigation together with the petitioner having absconded for more than 23 years and in a case of the year 2000 having been taken into custody only on 29.1.2024, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T