Allowed

Santu Paswan @ Santu Kumar v. the State of Bihar

Patna HC3 Nov 2021/16484/2021

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner in a criminal case involving offences under Section 326 IPC, Section 307/34 IPC, and Section 27 of the Arms Act. The order was based on parity with a co-accused in a similar case where bail was allowed due to lack of trial progress.

What did the court decide?

Petitioner released on bail bonds of Rs. 10,000 with two sureties of the like amount each with Additional Chief Judicial Magistrate-IInd, Danapur, Patna, subject to specific conditions regarding close

Santu Paswan @ Santu Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16484 of 2021

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Arising Out of PS. Case No.-514 Year-2015 Thana- NAUBATPUR District- Patna

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

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SANTU PASWAN @ SANTU KUMAR, Son of Amika Paswan @ Ambika Paswan, Resident of village - Tiwari Chak, P.S. - Naubatpur, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar, Advocate Mr. Sujit Kumar, Advocate For the Opposite Party/s : Mr. Chandrasen Pd. Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 03-11-2021

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Heard learned counsel for the petitioner and the learned APP for the State.

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The petitioner seeks bail in Naubatpur P.S. case no. 514 of 2015 instituted for the offence under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

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Subsequent to rejection of the petitioner’s prayer for bail lastly on 01.09.2020, he submits that similarly situated coaccused, namely, Chotu Tiwari @ Chote Tiwari @ Sujeet Tiwari, has been allowed bail in Cr. Misc. No. 41090 of 2021. Allegation against Chotu Tiwari, the instant petitioner and one Ajay Kumar (co-accused) are one and the same. The petitioner is in custody since 31.01.2020.

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It is submitted referring to the order passed in Cr.

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Patna High Court CR. MISC. No.16484 of 2021(2) dt.03-11-2021 2/3

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Misc. No. 41090 of 2021 in the case of Chotu Tiwari that the Court has taken notice of the fact that no witness has been examined at the trial and such finding is based on a report from the court concerned.

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Submission is based on claim for parity with coaccused Choutu Tiwari, who is similarly situated.

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The learned APP has opposed the prayer for bail. However, having regard to the order dated 27.10.2021 passed in Cr. Misc. No. 41090 of 2021 he does not dispute the fact that there is no progress at the trial.

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Considering the rival submission of the parties, the prayer for bail of the petitioner is allowed.

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Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Danapur, Patna in Naubatpur P.S. case no. 514 of 2015, subject to the following conditions:

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the

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Patna High Court CR. MISC. No.16484 of 2021(2) dt.03-11-2021 3/3

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address of the petitioner.

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(ii) That the petitioner will be well represented on

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each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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uday/-

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U T

Santu Paswan @ Santu Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Santu Paswan @ Santu Kumar v. the State of Bihar

Case brief

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