Permission ordered for the grant of bail to the petitioner in a criminal proceeding involving armed injury, specifying monetary bond amounts and attendance conditions despite limited court functioning.
Petitioner released on bail by furnishing bonds of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8923 of 2021
Arising Out of PS. Case No.-127 Year-2018 Thana- KOTWALI District- Munger
======================================================
AMIT PASWAN S/o Gurudeb Paswan Resident of Raisar, P.S.- Kotwali, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Laksmi Kant Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 01-07-2021
In view of sudden resurgence of COVID – 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned Counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Kotwali PS Case No. 127 of 2018 registered under Sections 324, 307, 506 and 120(B)/34 of the IPC and Section 27 of the Arms Act.
Unknown persons on a motorcycle have caused fire arm injury to the informant. It is alleged that co-accused Prince Kumar and Pawan Mandal had earlier threatened him.
During course of investigation on statement of coaccused Md. Amir, it is submitted by petitioner’s Counsel that he was involved and arrested in this case. Md. Amir has been allowed bail in Cr. Misc. No. 78835 of 2018. Other co-accused Md. Nijad and Prince Kumar have also been allowed bail in Cr. Misc. Nos. 8662 of 2019 and 57388 of 2018. Upon his remand in this case while he was
Patna High Court CR. MISC. No.8923 of 2021(2) dt.01-07-2021 2/2
arrested in Kotwali PS Case No. 436 of 2019 petitioner is in custody since 16.12.2019. One criminal antecedent has been disclosed in the bail application and it is stated that in the said case he has been granted bail by the couert below.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 CJM Munger in Kotwali PS Case No. 127 of 2018 subject to the following conditions:-
(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 address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
SNkumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in the challenged criminal case.
What conditions the court should impose on the grant of bail to the petitioner.
1 provisions across 1 enactments
Amit Paswan
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
