Ram Binay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30547 of 2020 Arising Out of PS. Case No.-549 Year-2016 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ram Binay Paswan, S/o Late Naresh Paswan, Resident of Village - Baghi, P.S.-Town (Lohiyanagar O.P.), Ward No.-29, Suhird Nagar, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Begusarai Town P.S. Case No. 549 of 2016 for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 05.03.2020. He further submits that during course of investigation, no material has come to connect the petitioner with the commission of crime. He also submits that the statement of the witnesses are contradictory and even the informant has made different statement in her crossexamination. Considering the aforesaid, the petitioner, named above, is directed to be released on bail on furnishing bail bonds

Patna High Court CR. MISC. No.30547 of 2020(3) dt.12-01-2021 2/2 of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 549 of 2016 subject to the condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.

However, the trial court is directed to expedite the trial and conclude the same in all respect within a period of six months from the date of receipt of a copy of this order. In case, the trial is not concluded within aforesaid period, despite co-operation of the petitioner, the court below shall submit a report before the Registrar (Vigilance) of this Court for the failure in conclusion of the trial. In the event, the petitioner causes any delay in conclusion of trial, the trial court shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) uday/- U T