Dismissed

Binay Paswan @ Vinay Paswan v. The State of Bihar

Patna HC13 Mar 2023CR. MISC./29374/2022

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's bail application in a Section 395 IPC case. The court noted the cancellation of the previous bail bond due to default and issued Notice-Bonds Warrants. The grant of bail was refused as the court believed the petitioner had misused bail privileges. The trial was directed to be expedited.

What did the court decide?

Prayer for bail rejected; notice-bond warrants and processes previously issued; Trial Court directed to expedite trial.

Binay Paswan @ Vinay Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29374 of 2022

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Arising Out of PS. Case No.-61 Year-2008 Thana- SHERGHATI District- Gaya

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======================================================

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Binay Paswan @ Vinay Paswan S/O Late Pakshya Paswan R/O VillageJaipur, P.S.- Sherghati, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Pradeep Narain Kumar ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 13-03-2023

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Heard learned counsel for the petitioner and

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learned A.P.P for the State.

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The petitioner is languishing in custody in a case registered for the offences punishable under Section

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395 of the Indian Penal Code.

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The prosecution case as per F.I.R is that on

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02.03.2008 at about 11:30 P.M, 10-12 unknown

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miscreants including one Kamlesh allegedly entered into

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the house of the informant and looted ornaments from

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the family members of the informant along with other

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Patna High Court CR. MISC. No.29374 of 2022(5) dt.13-03-2023 2/3

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articles and cash of Rs. 5000/-.

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It is submitted by learned counsel for the

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petitioner that petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Kamlesh. The petitioner was all along on bail in connection with the present case but due to default, his bail bond was cancelled on 13.01.2014. However, the default of the petitioner was not intentional but due to some unavoidable reason as the petitioner had been in judicial custody since 13.08.2018 to 18.11.2021 in connection with Sessions Trial No. 255

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of 2018 pending in the Court of Additional Sessions Judge, Giridih and as such the petitioner could not appear earlier in this case.

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Learned A.P.P appearing on behalf of the State

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has vehemently opposed the prayer for bail of the petitioner and submitted that bail bonds of the petitioner was cancelled on 13.01.2014 and N.B.W was issued against him. The processes under Sections 82 and 83

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Patna High Court CR. MISC. No.29374 of 2022(5) dt.13-03-2023 3/3

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Cr.P.C also issued against him. The petitioner did not appear before the Trial Court due to which the trial got hampered.

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Considering the fact that petitioner has misused the privilege of bail, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for bail of the petitioner stands rejected.

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The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Binay Paswan @ Vinay Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Binay Paswan @ Vinay Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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