IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.1377 of 2011
Chhotu Paswan @ Bihari Paswan
@ Bihari Kumar Paswan .... Petitioner
Versus
The State of Jharkhand ...O.P.
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
For the Petitioner : Mr. Devesh Krishna, Advocate
For the O.P. : APP
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2/24.06.2011
The petitioner is an accused in the case registered for the offence under
sections 302/34 and 120B of the Indian Penal Code and section 27 of the Arms
Act.
Learned counsel for the petitioner submitted that the petitioner has been
falsely implicated in the case; though same prayer of the petitioner was earlier
rejected by this Court by order dated 31.07.2011 passed in B.A. no.4932 of
2010 giving liberty to the petitioner to renew his prayer for bail, if the trial is not
concluded within six months; It has been submitted that more than six months
have elapsed, but the trial has not been concluded till date.
Learned APP opposed the prayer for bail of the petitioner and submitted
that the petitioner is the named accused and there is direct allegation against
the petitioner; the trial is at the concluding stage; almost all the witnesses,
except two have been examined.
Regard being had to the nature of allegation and the stage of trial, I am
not inclined to release the above named petitioner on bail. Accordingly, the
prayer for bail of the above named petitioner is rejected.
However, since the petitioner is in custody for more than one year and
the trial court was earlier granted time for concluding trial, if the trial is not
concluded by 30th September,2011, the petitioner shall be released on bail on
furnishing bail bond and sureties to the satisfaction of learned trial court.
( Narendra Nath Tiwari, J.)
s.b.