High Court granted bail to Rajesh Paswan in a case involving offences under IPC and Arms Act, noting the allegations were general and he had no criminal antecedents.
Petitioner released on bail by 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.71017 of 2018
Arising Out of PS. Case No.-254 Year-2014 Thana- GAYA KOTWALI District- Gaya
======================================================
Rajesh Paswan S/o Rajendra Paswan, @ Rajendra Prasad resident of Mohalla-Pahasi, Paswan Tola, P.S.-Kotwali, District-Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar Sinha For the Opposite Party/s : Mr.Sri Amit Kumar Rakesh ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 04.08.2018 in connection with Kotwali P.S. Case No. 254 of 2014 for the offence registered under Sections 147, 148, 149, 341, 323, 379, and 302 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that though it is alleged that petitioner was one of the person, who had taken away the son of the informant, the allegation is general and omnibus in nature that they were all beating up the informant’s son. Subsequently, the son of the informant was found dead with a bullet injury. It is further submitted that there is no specific overt act alleged against the present petitioner and other similarly situated persons, who have been named along with the
Patna High Court Cr.Misc. No.71017 of 2018(3) dt.14-02-2019 2/2
petitioner, have since been extended the privilege of bail in Cr. Misc. No. 18722 of 2016 vide order dated 05.08.2016.
Learned counsel for the State, after perusal of the case diary, submits that the allegation is in fact general in nature and there is no eye witness to the occurrence.
Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 254 of 2014.
(Anjana Mishra, J)
Jagdish/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given the general nature of allegations and lack of specific overt acts against him.
Whether the petitioner has any criminal antecedents that would preclude bail.
2 provisions across 2 enactments
Rajesh Paswan
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
