In a bail application, this single-judge bench granted bail to the petitioner, who was in custody but not named in the FIR. The court accepted the submission that he was detained merely because he is the father of the accused.
Petitioner released on bail bond of Rs. 10,000/- with two sureties of the same amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41523 of 2013
====================================================== Hira Lal Paswan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Gopal Govind Mishra, advocate For the Opposite Party : Mrs. Indu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 04-10-2013 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody since 19.06.2013 in a case registered for the offence punishable under sections 147, 341, 323, and 302 of the Indian Penal Code. It is submitted that there is specific allegation of assault against accused Hansraj. The petitioner is not named in the first information report. It is submitted on behalf of the petitioner that the petitioner has been dragged only because he happens to be father of the accused, Hansraj. The petitioner has no criminal antecedent. In view of submission as aforesaid, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna in connection with Rupaspur PS Case No.96/2013.
(Chakradhari Sharan Singh, J)
BKS/-
2 issues framed by the court
Whether the petitioner, who is in custody but not a named accused, should be released on bail.
Whether bail can be granted when the petitioner is alleged to be detained due to fatherhood rather than criminal involvement.
1 provisions across 1 enactments
Hira Lal Paswan
The State Of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
