Jai Paswan @ Ashok Paswan @ Jai Da v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4014 of 2016 Arising Out of PS.Case No. -4 Year- 2010 Thana -AKBARNAGAR District- BHAGALPUR ====================================================== Jai Paswan @ Ashok Paswan @ Jai Da, Son of Kesho Paswan, resident of village - Jari Paharpur, P.S. Giddhor, District - Jamui .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Akbar Nagar P.S. case No. 04 of 2010 registered for the offences punishable under Sections 147, 148, 149, 342, 323, 324, 326, 307, 332, 333, 379, 380, 353 of the Indian Penal Code and Section 27 of Arms Act and Section 17 of C.L.A. Act. Lateron Sections 395, 397 and 121 of Indian Penal Code have been added. Petitioner wants to renew the prayer for bail which was earlier rejected vide order dt. 06.08.2014 passed in Cr. Misc. No. 50896/2012 on the ground that the petitioner is suffering in custody since 07.04.2012 but he has not been put on T.I.P. Besides confessional statement, there is no material against the petitioner
Patna High Court Cr.Misc. No.4014 of 2016 (2) dt.15-02-2016 2/3 but as he was involved in some criminal cases and on that ground alone, the prayer of bail of the petitioner was earlier rejected whereas other co-accused namely Dharmendra Kumar Das @ Dharo Das, Dinesh Das, Dabloo Chaurasia @ Nityanand Chaurasia, Tarkeshwar Rai @ Taro @ Mandal @ Tarkeshwar Mandal @ Taro Mandal and Suresh Yadav @ Nagendra Yadav @ Nagendra Das @ Nagendra Da have already been allowed bail by coordinate Benches of this Court. It is submitted that in those nine cases, the petitioner is on bail and in near future, the trial is not likely to be concluded.
Learned A.P.P. fairly submits that earlier the prayer of bail of the petitioner was rejected on the ground of his criminal antecedent.
In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 1st Adhoc Additional District Judge, Bhagalpur arising out of Akbar Nagar P.S. case No. 04 of 2010 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner
Patna High Court Cr.Misc. No.4014 of 2016 (2) dt.15-02-2016 3/3 shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) rinkee/- U