Dismissed

Prakash Paswan v. The State Of Bihar

Patna HC17 Dec 2014CR. MISC./38684/2014

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, the Patna High Court refused to grant anticipatory bail to the petitioner, who was already in custody in the underlying case, holding that no grounds for indulgence were made out at that stage.

What did the court decide?

The application for anticipatory bail was dismissed. The petitioner is left to renew his prayer if the trial is not concluded within six months.

Prakash Paswan Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38684 of 2014

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Arising Out of P.S. Case No. -185 Year- 2005 Thana -RANIGANJ District- ARRARIA ====================================================== 1. Prakash Paswan Son of Late Babulal Paswan resident of village- Simraha Paswan Tola, P.S.- Simraha, District- Araria .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 17-12-2014 Heard Mr. Gautam Kumar Kejriwal, learned counsel for the petitioner and Mr. Ram Sumiran Rai learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Raniganj P.S. Case No. 185 of 2005 for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. The petitioner is the husband of the deceased whose body was found near the Kaduwa Burial ground on 9.11.2005.

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The anticipatory bail of the petitioner having been rejected on 9.1.2007 that he chose to surrender only in the present case on 15.3.2013 and it is consideration of the circumstances existing that his prayer was rejected by this Court vide order passed on 3.10.2013 in Cr.Misc. No. 24937 of 2013 and has

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Patna High Court Cr.Misc. No.38684 of 2014 (3) dt.17-12-2014

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been renewed through the present application.

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A report was called for from the trial Court and has been received through letter dated 25.11.2014 in which it is stated that the matter has been put to trial and two witnesses have been examined and non bailable warrant of arrest has been issued against the rest.

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Considering the circumstances, no case for indulgence is made out and this application is dismissed. The petitioner would be at liberty to renew his prayer in case the trial is not concluded within six months from today.

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(Jyoti Saran, J)

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Bibhash/U

Prakash Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Prakash Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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