The Patna High Court granted bail to the petitioner in a case involving Sections 457 and 380 IPC after he completed more than one year of custody and had no criminal antecedents.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of the 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.62191 of 2019
Arising Out of PS. Case No.-146 Year-2018 Thana- RAJAPAKAR District- Vaishali
======================================================
PHUDAN PASWAN S/o Late Baleshwar Paswan R/o village- Bakhari Supayan, P.S.- Raja Pakar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs.Rina Sinha, Adv For the Opposite Party/s : Mr. Akbar Ali,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2 16-10-2019 Heard learned counsel for the parties.
Earlier the bail of the petitioner was rejected vide order dated 26.03.2019 in Criminal Miscellaneous No. 1049 of 2019 with liberty to renew his prayer for bail after completing on year of Jail custody.
Petitioner seeks bail in Raja Pakar P.S. Case No. 146 of 2018 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent and is in custody since 05.09.2018 and he has completed more than one year of Jail custody.
Considering the aforesaid facts and circumstances of the case and considering the period of custody, let the petitioner
Patna High Court CR. MISC. No.62191 of 2019(2) dt.16-10-2019 2/2
named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Raja Pakar P.S. Case No. 146 of 2018 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioner, who has completed over a year of jail custody with no criminal antecedents, is entitled to bail.
1 provisions across 1 enactments
Phudan Paswan
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
