Sita Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55667 of 2015 Arising Out of PS.Case No. -26 Year- 2011 Thana -KOTWALI District- PATNA ====================================================== Sita Ram Paswan, Son of Soman Pashwan @ Gurchuna Paswan, Resident of Village- Maibikachhua, P.S.- Kusheswar Sthan, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akshay Lal Pandit For the Opposite Party/s : Mr. Smt.Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-12-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, Sita Ram Paswan, is in custody in Kothwali P.S. Case No.26 of 2011 under Section 396 of the IPC. The learned counsel for the petitioner submitted that the main accused who is named along with this petitioner, namely, Vijay Kumar Mishra has already been granted bail in Cr. Misc. No.15175 of 2011 by order dated 01.08.2011. According to the learned counsel, the other co-accused have already been granted bail. The petitioner is in custody since 15.09.2015. The learned counsel appearing on behalf of the informant vehemently opposed the prayer for bail on the ground that the petitioner surrendered but had been arrested after two years,

Patna High Court Cr.Misc. No.55667 of 2015 (2) dt.17-12-2015 2/2 therefore, the petitioner case is on different footing. Perused the order passed by this Court which is Annexure '2'. It appears that the co-accused, Vijay Kumar Mishra, has already been granted bail by this Court and the case of this petitioner who is co-accused is on same footing. Considering the above facts, I direct that the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J., VII, Patna in connection with Kotwali P.S. Case No.26 of 2011 on condition that both the bailor should be the local bailor. (Mungeshwar Sahoo, J) Sanjeev/- U T