Patna High CourtCR. MISC./50983/2017disposed

Chhotey Paswan v. The State Of Bihar

2017-11-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50983 of 2017 Arising Out of PS. Case No.-48 Year-2009 Thana- GAURICHAK District- Patna ====================================================== Chhotey Paswan Son of Sakal Paswan, R/o Village-Usfa, P.S.-Gaurichak, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. SRI VINOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard counsel for the petitioner and the State. The FIR was lodged against unknown. The husband of the deceased while returning home after downing the shutter of his shop was shot dead. Several weeks thereafter co-accused Karu Paswan was arrested who, in his confessional statement named the petitioner as one of his associates.

Learned counsel for the petitioner submits that except the confessional statement there is no other material against the petitioner. Co-accused Karu Paswan has been released on bail vide order dated 13.04.2010 passed in Cr. Misc. No. 11243 of 2010.

Counsel for the State, on the other hand, submits that for several years the petitioner has absconded and he is in custody

Patna High Court Cr.Misc. No.50983 of 2017(2) dt.20-11-2017 2/2 only since 17.04.2017. He also drew attention of the Court to the statement made in para 3 of the bail petition. Having considered the submissions advanced on behalf of the parties, the bail application is disposed of by the following order:- Upon framing of charge or expiry of six months, whichever is earlier, if the petitioner furnishes bail bonds in the sum of Rs. 10,000/- with two sureties of the like amount each, the trial court shall accept the same and release the petitioner on bail in Gaurichak P.S. Case No. 48 of 2009 on condition that one of the bailors shall be his own/close family member. (Kishore Kumar Mandal, J) HR/- U T