Patna High CourtCR. MISC./54161/2015bail granted

Upendra Paswan v. The State Of Bihar

2016-02-11Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.54161 of 2015 (3) dt.11-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54161 of 2015 Arising Out of PS.Case No. -288 Year- 2014 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Upendra Paswan son of Late Ramdeo Paswan, Resident of villageMohiniuddinpur, P.S.- Rahui, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Moleshwar, Advocate. For the Opposite Party : Mr. Indra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 147, 148, 149, 341, 323, 324, 337, 302 and 120(B) of the Indian Penal Code.

It is alleged that the petitioner along with other coaccused caught hold the deceased and assaulted with Pasuli, Garasa, Bhala, iron rod, stones and bricks, resulting into the death of the deceased.

It is submitted that there is no specific allegation against the petitioner in the F.I.R and the petitioner is in custody since 17.12.2014.

Patna High Court Cr.Misc. No.54161 of 2015 (3) dt.11-02-2016 Hence, having regard to the facts and circumstances of the case and also that the petitioner is in jail for more than one year, the petitioner above named is ordered to be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 5th, Nalanda at Bihar Sharif, in connection with Rahui P.S. Case No. 288 of 2014, subject to condition that the petitioner shall appear in the case on each and every date fixed by the court below and any absence of the petitioner shall be a ground for cancellation of bail bond of the petitioner and further any absence of the petitioner shall be subject to the satisfaction of the court below on reasonable grounds and the trial shall proceed on day to day basis.

(Gopal Prasad, J.) Amit/- U T