Vishal Kumar Paswan @ Vishal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5983 of 2017 Arising Out of PS.Case No. -334 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Vishal Kumar Paswan @ Vishal Paswan Son of Bhushan Kumar Paswan, Resident of Village Subhash Chauk, P.S. Hajipur, Town, District Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier twice rejected, vide order dated 20.04.2016 and 21.09.2016 passed in Cr. Misc. No. 6661 of 2016 and 40030 of 2016 respectively, on the ground that the petitioner is in custody since 01.08.2015, he has not been put on test identification parade, recovered amount has also not been put on test identification parade and without any recovery and cogent material, he is suffering in custody, in another case, the petitioner has been allowed bail.

The learned A.P.P. submits that instead of time given

Patna High Court Cr.Misc. No.5983 of 2017 (2) dt.22-02-2017 2/2 by this Court, trial has not been concluded.

In the facts and circumstances stated above, considering that the trial has not been concluded within the time given by this Court and now considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J-IV, Vaishali at Hazipur in connection with S.Tr. No. 230/2016, arising out of Hajipur Town P.S. Case No. 334 of 2015, 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) Mahesh/- U T