Allowed

Banta Paswan @ Banata Paswan v. the State of Bihar

Patna HC4 Jun 2020CR. MISC./17190/2020

Case brief

AI extract

What is this about?

The Patna High Court ordered bail for the petitioner accused under the Arms Act, citing the co-accused's prior bail release and trial delays due to the pandemic. The court allowed for provisional bail if sureties could not be furnished during the lockdown.

What did the court decide?

Petitioner released on bail with conditions; provisional release allowed if sureties cannot be furnished due to lockdown.

Banta Paswan @ Banata Paswan Vs the State of Bihar — Bail and Remand | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17190 of 2020

¶2

Arising Out of PS. Case No.-35 Year-2014 Thana- DARIHAT District- Rohtas

¶3

======================================================

¶4

BANTA PASWAN @ BANATA PASWAN Son of Late Gopi Paswan Resident of Village - Jujhar Sikani, P.S.- Hussainabad, Distt - Palamu (Jharkhand)

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Singh, Advocate. For the Opposite Party/s : Mr.Anita Kumari Singh, APP. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

¶11

2 04-06-2020

¶12

This matter has been taken up through Video Conferencing.

¶13

Heard the parties.

¶14

The petitioner is languishing in custody for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

¶15

A loaded country made pistol was recovered from the possession of the petitioner. Petitioner has stated on oath that co-accused Pappu Pandey having identical allegation has already been allowed bail by a co-ordinate Bench of this Court. Petitioner is in custody since 26.06.2018. There is no chance of conclusion of trial in near future due to COVID-19 effect.

¶16

Finding substance in the submission aforesaid, let the

¶17

Patna High Court CR. MISC. No.17190 of 2020(2) dt.04-06-2020 2/2

¶18

petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (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 Darihat P.S. Case No. 35 of 2014 with following conditions:

¶19

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

¶20

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

¶21

¶22

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

¶23

(Birendra Kumar, J)

¶24

mantreshwar/-

¶25

U T

Banta Paswan @ Banata Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Banta Paswan @ Banata Paswan v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prem Kumar Vs The State of Bihar

Arvind Kumar Vs the State of Bihar

Mukesh Kumar Vs the State of Bihar

Md. Danish Vs The State of Bihar

Natha Paswan Vs The State of Bihar

Pradeep Yadav @ Pradeep Kumar Yadav Vs The State of Bihar