The High Court of Judges at Patna dismissed the bail application of Ram Uttim Paswan, who escaped from Dalsingsarai jail, considering the serious nature of the offences and his fleeing, rejecting the plea that a co-accused had been granted bail.
Bail prayer rejected; petitioner may renew prayer after framing of charge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38280 of 2017
Arising Out of PS.Case No. -24 Year- 2013 Thana -DALSINGHSARAI District- SAMASTIPUR
====================================================== Ram Uttim Paswan @ Terenam Son of Naresh Paswan, R/o VillageSakarpura, P.S.- Hasanpur, District- Samastipur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
3 17-08-2017 Heard the learned counsel for the petitioner and APP for the State.
The petitioner seeks bail in connection with Dalsingsarai P.S. Case no. 24 of 2013 registered for the offence under Sections 224, 225(A), 225(B), 427, 328/34 of the Indian Penal Code.
The petitioner is said to have absconded from the Sub Divisional Jail, Dalsingsarai by cutting the rod of the window of the prisoner ward.
It is submitted by the learned counsel for the petitioner that co-accused namely, Savindra Kumar Sharma @ Sarvind Kumar Sharma who had also escaped from the jail has been enlarged on bail by a co-ordinate Bench of this Court vide order
Patna High Court Cr.Misc. No.38280 of 2017 (3) dt.17-08-2017
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dated 01.11.2013 passed in Cr. Misc. no. 34652 of 2013. The petitioner has been languishing in custody since 16.05.2017.
Considering the nature of the offence, I am not inclined to
enlarge the petitioner on bail at this stage. Accordingly, the prayer is rejected.
However, the petitioner may renew his prayer of bail after framing of the charge.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner's bail application can be entertained at this stage given the nature of the offence and his escape from jail.
Ram Uttim Paswan @ Terenam
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
