Sophendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32075 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Sophendra Paswan Son of Late Rajendra Paswan, resident of village - Belthan, P.O. - Bakhatiyarpur, P.S. - Belthan, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

..... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bakhtiyarpur P.S. Case No. 18 of 2014 registered for offences under Sections 341/326/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 48858 of 2014 and this Court, vide order dated 20th February 2015, rejected the same but liberty was given to renew his prayer for bail after completion of one year in jail custody.

The counsel for the petitioner submits that the petitioner has remained in custody more than one year. Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.32075 of 2015 (2) dt.12-08-2015 2/2 let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 18 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T