IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.3409 of 2011
Gopal Paswan, son of late Bhupan Paswan, resident of Village
Mohanpur, P.S. Samastipur Muffasil, District Samastipur.
------- Petitioner
Versus
The State of Bihar ------ Opp. Party
-----------
3 20.4.2011 Heard learned counsel for the
petitioner and counsel for the State.
The prayer for bail of the
petitioner was earlier rejected by an order
dated 18.9.2009 in Cr. Misc. No. 8268 of 2009
with a liberty that he could renew his prayer
for bail after expiry of a period of one
year.
Learned counsel for the petitioner
would submit that not only the aforesaid
period of one year has been completed but the
victim girl has also been examined in course
of trial and she has not named the petitioner
to be one of the members of the mob, which
had allegedly kidnapped her. He would also
draw attention to an order of this Court
dated 6.4.2010 in Cr. Misc. No. 36776 of 2009
(Suresh Mahto Vs. State of Bihar) to submit
that the said co-accused, whose case also
stands on the same footing, has been directed
to be enlarged on bail.
2
Considering all these aspects as also
the fact that the trial court has observed in
its order dated 7.1.2011 that after
examination of the important witnesses
including the victim girl and her mother, the
informant, rest of the witnesses, having been
not turning up for their evidence, are
delaying the conclusion of the trial, this
Court would direct for release of the
petitioner, namely, Gopal 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 1st
Additional Sessions Judge, Samastipur in
connection with S.T. No. 83 of 2009 arising
out of Musrigharari P.S. Case No. 87 of 2008,
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.
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(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.
Rsh (Mihir Kumar Jha, J.)