Ashok Kr. Paswan @ Ashok Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2606 of 2023 In CRIMINAL MISCELLANEOUS No.59600 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== ASHOK KR. PASWAN @ ASHOK KUMAR PASWAN Son of Jodha Paswan R/V- Rajwara P.S- Sahebganj, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel submits that petitioner was granted bail by Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021 with a condition that one of the bailors of the petitioner shall be his father "Ashok Kr. Paswan @ Ashok Kumar Paswan". Learned counsel submits that despite the petitioner being granted bail by Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021 could not be released as in the Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021, the name of the father was inadvertently typed as "Ashok Kr. Paswan @ Ashok Kumar Paswan" and accordingly a mentioning was made based on which the Cr. Misc. No. 59600 of 2021 was taken up and the
Patna High Court CR. MISC. No.2606 of 2023(2) dt.11-01-2023 2/3 Order Dated 10.03.2022 was modified to the extent that the father's name of the petitioner shall be read as "Jodha Paswan" in place of "Ashok Kr. Paswan @ Ashok Kumar Paswan" by Order Dated 08.12.2022.
Learned counsel submits that the present modification application has been filed seeking modification of the condition imposed by Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021, wherein it has been recorded that one of the bailors of the petitioner shall be father but the father of the petitioner is a landless person and as such, is not in a position to furnish security.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021, is modified to be read as, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baruraj P.S. Case No. 35 of 2021 instead of, let the petitioner above named be released on bail on furnishing
Patna High Court CR. MISC. No.2606 of 2023(2) dt.11-01-2023 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baruraj P.S. Case No. 35 of 2021, subject to the condition that 'one of the bailors of the petitioner shall be his father Jodha Paswan'.
The Order Dated 10.03.2022 in Cr. Misc. No. 59600 of 2021 is modified to the extent indicated above. (Satyavrat Verma, J) GauravSinha/- U T