Single judge of the Patna High Court granted bail to Satish Paswan in a criminal file under IPC relating to murder and ambush, despite earlier rejection, noting firing was not alleged against him and trial was delayed.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32990 of 2014
| Arising Out of PS.Case No. -57 Year- 2003 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Satish Paswan son of Kishori Paswan, resident of villlage Ahiyachak , P.S. Bind , District Nalanda. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 02/ | 18-02-2015 Heard learned counsels for the petitioner and the State. |
| The petitioner has renewed his prayer for bail | |
| in a case registered for the offences punishable under Sections | |
| 147, 148, 149, 302, 307 of the Indian Penal Code and 27 of the Arms Act. The petitioner is in custody since 18.12.2012. It is alleged that co-accused Rajendra Paswan and Upendra Paswan fired which hit to the informant’sbrother. Co-accused Anil Paswan, Banaras Paswan and Binod also fired at the injured causing injury on the head and chest, consequently the brother of the informant succumbed to the injuries. It is submitted by learned counsel for the petitioner that the accusation of firing is not against this petitioner |
Patna High Court Cr.Misc. No.32990 of 2014 (02) dt.18-02-2015
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and earlier bail application was rejected only because the case was registered in 2003 and the petitioner was apprehended on 18.12.2012. Statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Statement has been made in para 11 that the case was committed to the Court of Sessions on 26.05.2014 and orally submitted that the charges have not been framed till date.
Considering the fact that the accusation of firing is not against the petitioner and there is no likelihood of trial being concluded in near future, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No.I, Nalanda at Biharsharif in connection with Sessions Trial No. 391 of 2014 arising out of Bind (Asthawan) P.S. Case No. 57 of 2003.
The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.
(Dinesh Kumar Singh, J)
DKS/-
U T
3 issues framed by the court
Whether the petitioner, accused in a firing-cum-murder case where firing was not alleged against him, is eligible for bail considering the delay in trials.
Whether the petitioner's renewed application for bail must be considered on merits or dismissed as barred by earlier rejection.
Whether the petitioner can be released on bail pending conclusion of appeal against the earlier bail order.
2 provisions across 2 enactments
Satish Paswan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
