The Patna High Court granted bail to Suresh Paswan, who was in custody for murder. The court ordered his release on furnishing a bond with two sureties, noting the acquittal of a co-accused.
Petitioner to be released on bail furnishing a bond of Rs.20,000 with two sureties of the like amount each.
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.19544 of 2019
Arising Out of PS. Case No.-286 Year-2012 Thana- VAISHALI District- Vaishali
======================================================
Suresh Paswan Son of late Ramashish Paswan Resident of Village - Jatkauli, P.S.- Vaishali, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 03-06-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.
Submission is that trial of some other co-accused have resulted in acquittal vide judgment passed in Sessions Trial No.507 of 2013 and Sessions Trial No.24 of 2016 as no prosecution witness supported the allegation.
Allegation against the petitioner and co-accused Naresh Paswan is that they had taken the deceased along with them.
Considering the fact that Naresh Paswan faced trial
Patna High Court CR. MISC. No.19544 of 2019(3) dt.03-06-2019 2/2
and was acquitted, let the petitioner, above named, who has got no criminal antecedent, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Vaishali P.S. Case No.286 of 2012 giving rise to S.T. No.423 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner, already in custody for an offence under Section 302/34 IPC, should be granted bail considering the acquittal of co-accused.
1 provisions across 1 enactments
Suresh Paswan
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
