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Patna High CourtCR. MISC./35580/2019allowed

Sharwan Paswan @ Sarvan Paswan v. The State Of Bihar

2019-09-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35580 of 2019 Arising Out of PS. Case No.-155 Year-2015 Thana- BARACHATTI District- Gaya ====================================================== Sharwan Paswan @ Sarvan Paswan, Son of Ramesh Paswan Resident of Village-Belai, P.S.-Nabinagar, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Barachatti P.S. Case No. 155 of 2015 for the offenses under Sections 364 (A), 395 and 412 of the Indian Penal Code. The allegation against the petitioner is that he has played some role in kidnapping. His prayer for bail was rejected by the court below on the ground that in separate trial others have been convicted.

Learned counsel for the petitioner would submit that the petitioner was remanded on 6.5.2015 and he has remained in custody for more than four years.

Considering the fact that the petitioner has remained in custody for more than four years, the court is inclined to grant

Patna High Court CR. MISC. No.35580 of 2019(6) dt.27-09-2019 2/2 him bail. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Twenty five Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Gaya in connection with Barachatti P.S. Case No. 155 of 2015, subject to the condition that the petitioner shall extend full cooperation in the early conclusion of the trial and if he fails to appear on two consecutive dates without any cogent reason, the court below shall be at liberty to cancel his bail bonds. (Anil Kumar Upadhyay, J) spandey/- U T