The court granted bail to the petitioner, suffering from hemiplegia, enhancing previous bail conditions to ensure local surety and cooperation in the trial.
Petitioner enlarged on bail of Rs. 25,000 with two sureties, one being a local person with immovable property, to cooperate in trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29078 of 2018
Arising Out of PS.Case No. -200 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI
====================================================== 1. Surendra Paswan, Son of Mahendra Paswan, Resident of VillageBaligardh, P.S.- Runnishaidpur, District- Sitamarhi.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr.Ahtash Ali Khan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 16-05-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 10.10.2017 passed in Cr. Misc. No. No. 40587 of 2017 with observation that the trial court is directed to get Medical Board of Doctors of S.K.M.C.H. constituted and get the petitioner examined by that Board to find out as to whether the he is suffering from leprosy and paralysis and as to what percentage of paralysis with which the petitioner is affected and once he will receive the report and being satisfied with the submissions that the petitioner is suffering from leprosy and paralysis, he will consider the prayer for bail of the petitioner.
It appears from the report of the Medical Board, which has been constituted and opined that the petitioner is suffering from “ paralysis right side complete hemiplegia” but the learned court below had rejected the prayer of the petitioner on
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the ground of percentage of the paralysis has not been mentioned. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he is in custody since 24.05.2017.
Learned A.P.P. and learned counsel for the informant oppose the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge –II, Sitamarhi, in connection with Sessions Trial No. 547 of 2017 arising out of Runni Saidpur P.S.Case No. 200 of 2012, subject to the conditions that one of the bailors of the petitioner must be a local person having sufficient immovable property within the jurisdiction of the concerned Court and he will cooperate in the disposal of the trial, failing which his bail bond will be cancelled.
(Vinod Kumar Sinha, J)
Sudha/U T
Surendra Paswan
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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