High Court Patna High Court - Orders

Bisuni Paswan @ Bishuni Paswan vs The State Of Bihar on 17 March, 2011

Patna High Court – Orders
Bisuni Paswan @ Bishuni Paswan vs The State Of Bihar on 17 March, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.44894 of 2010
BISUNI PASWAN @ BISHUNI PASWAN son of Gonar Paswan, resident of
village- Andauli, Police Station- Kishanpur, District- Supaul... Petitioner.
                                       Versus
                               THE STATE OF BIHAR
                                      -----------

2. 17.03.2011 Heard learned counsel for the petitioner and

learned counsel for the State.

The prayer for bail of the petitioner was earlier

rejected by an order dated 9.11.2009 in Cr. Misc. No.

33405 of 2009 giving him liberty to renew such prayer

after a period of one year.

Mr. Shakil Ahmad Khan, learned senior

counsel appearing on behalf of the petitioner would

submit that the trial of the petitioner has not yet been

concluded and the petitioner has only two more criminal

cases including one complaint case and therefore keeping

in view the offence alleged against him in the present

case, he deserves to be enlarged on bail.

From the impugned order it is clear that the

case is yet to be committed to the court of sessions and

the end of trial of the petitioner is no where in sight.

That being so, this Court would direct for

release of the petitioner, namely, Bisuni Paswan @
2

Bishuni Paswan on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like

amount each to the satisfaction of Additional District

Judge, F.T.C. IIIrd, Supaul in connection with Sessions

Trial No. 234 of 2009 (arising out of Kishanpur P. S.

Case No. 147 of 2007), subject to the following

conditions:-

(i) The two bail bonds will be furnished, one by

the Government servant and the other by a close family

relative.

(ii) The petitioner will remain present in course

of trial on each and every day and his absence even for a

single day would automatically entail the consequences

of cancellation of his bail.

(iii) The petitioner in case is now made accused

in any other criminal case, that would itself lead to

cancellation of his bail.

Subject to the aforementioned conditions, the

prayer for bail of the petitioner is allowed.

Kanchan                                        (Mihir Kumar Jha, J.)