Dasai Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31456 of 2023 Arising Out of PS. Case No.-84 Year-2009 Thana- DAWATH District- Rohtas ====================================================== Dasai Paswan Son Of Banarasi Paswan R/O Village- Navadih, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2023 Heard Mr. Vikram Deo Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The application is for grant of bail to the petitioner, who is in custody, in connection with Sessions Trial No. 293 of 2010 arising out of Dawath P.S. Case No. 84 of 2009, registered for the offences punishable under Sections 376/34 of the Indian Penal Code.

At the outset, learned counsel for the petitioner

Patna High Court CR. MISC. No.31456 of 2023(2) dt.24-06-2023 2/3 submits that though the petitioner had already been allowed the privilege of bail way back in the year 2009 itself, but on account of some miscommunication, he went outside for earning his livelihood and in absence of proper pairvi in the case, his bail bond has been cancelled. It is submitted that the petitioner having come to know that non-bailable warrant has been issued, he himself surrendered on 22.03.2023 before the court below with an undertaking that he will remain present on each and every date of the trial till its conclusion. He next submitted that the petitioner is a simple labourer having no criminal antecedent and now he undertakes that he will never misuse the privilege of bail.

On the other hand, learned APP for the State opposed the bail application.

Regard being had to the submissions made on behalf of the parties and considering the undertaking given by the petitioner, coupled with his fair antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with Sessions Trial No. 293 of 2010 arising out of Dawath P.S. Case No. 84 of

Patna High Court CR. MISC. No.31456 of 2023(2) dt.24-06-2023 3/3 2009, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions that the petitioner shall remain present on each and every date of trial till its conclusion. His absence on two consecutive dates would entail cancellation of his bail bonds.

(Harish Kumar, J) Anjani/- U T