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Interlocutory Application Nos. 03/2022 & 02/2022 Appellant/applicant, Surya Bilas Paswan by filing this interim application bearing I.A No. 03/2022 in Cr. Appeal (DB) No. 360/2018 and appellant/applicant, Kamlesh Paswan in Cr. Appeal (DB) No. 341/2018 by filing interim application bearing I.A. No. 02/2022 are renewing their prayer for grant of bail by substantive sentence imposed on them by the learned trial court. They both along with others have been convicted for the Patna High Court CR. APP (DB) No.341 of 2018(10) dt.14-12-2022 offences punishable under Sections 147/148/302/149 IPC and under Section 27 of the Arms Act and are sentenced to suffer imprisonment for life apart from imposition of some fine.

Learned counsel for the appellant/applicant, Surya Bilas Paswan argued that the appellant is behind bars from 30.12.2011 and as such has completed more than ten years of sentence. He is, therefore, entitled for bail by virtue of the law laid down by the Hon'ble Supreme Court in several judgments.

The learned counsel appearing for appellant/applicant, Kamlesh Paswan has vehemently argued that Kamlesh Paswan has not participated in actual assault and, therefore, he is also entitled for bail in the wake of the fact that his earlier bail application was rejected for the present by the Co-ordinate Bench of this Court.

In other words, it is case of the prosecution that by forming unlawful assembly with common object of eliminating Manish Sharma, he was done to death by the accused persons by using fire arms.

So far as applicant/appellant, Kamlesh Paswan is concerned, his bail application was rejected by the Co-ordinate Bench of this Court on merits by considering the evidence against him. We are not in a position to reopen the merits of that order passed by the Co-ordinate Bench of this Court as that amounts to review which is not permissible in criminal proceeding. Kamlesh Paswan has undergone sentence of only 05 years and 03 months as of now. Thus, application for grant of bail of Kamlesh Paswan is rejected.

Interim Application No. 02/2022 filed by applicant/appellant, Kamlesh Paswan is rejected.

So far as applicant/appellant, Surya Bilas Paswan is concerned, as he has undergone sentence for more than eleven years and as his appeal is not likely to be taken up for final hearing in near future, his application deserves to be allowed and, therefore, the order.

Patna High Court CR. APP (DB) No.341 of 2018(10) dt.14-12-2022 Interim Application No. 03/2022 filed by applicant/appellant Surya Bilas Paswan is allowed.