Shambhu @ Samrat Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.24171 of 2017 (3) dt.19-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24171 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -MOKAMAH District- PATNA ====================================================== Shambhu @ Samrat Paswan S/o Late Lagan Paswan, Resident of VillageMekra Dih, P.S.- Mokama, District- Patna..... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 15.09.2016 passed in Cr. Misc. No. 31484 of 2016, on the ground that the petitioner is suffering in custody since 25.02.2016, in further statement the informant has specifically alleged that Nawal Rai @ Budhiya shot the deceased and the petitioner was only present there, Nawal Rai @ Budhiya also confessed his guilt that he shot the deceased, in near future the trial is not likely to be concluded and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.
In the facts and circumstances stated above, considering the further statement of the informant and further the confessional statement of Nawal Rai @ Budhiya, the petitioner above named is
Patna High Court Cr.Misc. No.24171 of 2017 (3) dt.19-07-2017 directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Ist, Barh in S. Tr. No. 523 of 2016 arising out of Mokama P.S. Case No. 25 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T