The Patna High Court granted regular bail to the petitioner, who was charged under IPC sections392, 411, 467, 468, and 471 for snatching valuables. The Court allowed the bail application on 19.02.2021.
Petitioner granted regular bail on furnishing a bond of Rs. 10,000 with two sureties.
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.31627 of 2020
Arising Out of PS. Case No.-256 Year-2019 Thana- BAHERI District- Darbhanga
======================================================
SWAN KUMAR PASWAN @ SAWAN PASWAN S/o Gayani Paswan Resident of Ward No.6 near Mandir Ughra, P.S.-Pator Bahadurpur, DistrictDarbhanga.
| The State of Bihar ================ |
=== | ... ... Petitioner Versus ... ... Opposite Party =================================== |
|---|---|---|
| Appearance : For the Petitioner For the Opposite Party ================ |
: : === |
Mr. Krishna Prasad Singh, Senior Advocate Mr. Jai Prakash Singh, Advocate Mr. Prem Kumar Jha, APP =================================== |
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
6 19-02-2021
Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
This application for grant of regular bail arises out of
Baheri P.S. Case No. 256 of 2019, registered for the offence punishable under Sections 392, 411, 467, 468 and 471 of the Indian Penal Code.
The petitioner had earlier approached this Court for grant of regular bail by filing application, which has given rise to Cr. Misc. No. 7799 of 2020, which was rejected by an order dated 20.02.2020. By making this application, the petitioner has renewed his prayer for bail.
The allegation against the petitioner and coaccused Sudarshan Kumar @ Aditya Paswan is of having snatched the informant’s valuables, which was subsequently
Patna High Court CR. MISC. No.31627 of 2020(6) dt.19-02-2021 2/2
recovered from their possession.
Learned Senior Counsel appearing on behalf of the petitioner has submitted that in similar circumstance, co-accused Sudarshan Kumar @ Aditya Paswan has been allowed bail by the court below by an order dated 06.01.2020. He has further submitted that there is no chance of the conclusion of the trial because of the pandemic situation.
Petitioner is in custody since 08.11.2019, who, as stated in paragraph 3 of the application, does not have any criminal antecedent.
Considering the facts and circumstances, noted above, and keeping in mind the petitioner’s period of incarceration, this application is allowed.
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 the learned A.C.J.M.-V, Darbhanga, in Baheri P.S. Case No. 256 of 2019.
(Chakradhari Sharan Singh, J)
Pawan/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who has been in custody since 08.11.2019 and does not have criminal antecedents.
1 provisions across 1 enactments
Swan Kumar Paswan @ Sawan Paswan
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
