Radhey Paswan vs The State Of Bihar on 19 October, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellaneous No.24997 of 2011

            Radhey Paswan, son of Late Ramchandra Paswan, resident
            of Village Tekna, P.S. Bodh Gaya, District- Gaya....
                                                       ..Petitioner
                                      Versus
            The State Of Bihar.....
                                                ...Opposite Party
                                    .................

For the Petitioner : Mr. Rashid Izhar, Advocate
For the State : Mr. Ram Priyasharan Singh, A.P.P
……………………….

3 19.10.2011 Heard learned counsel for the petitioner

and the learned A.P.P. for the State and also

perused the report kept at Flag- A.

The petitioner seeks bail in a case

registered for the offence under Section 395 of the

Indian Penal Code.

Petitioner’s prayer for bail has been

rejected twice, firstly vide order dated 22.05.2009

passed in Cr.Misc. No. 17659 of 2009 and again

vide order dated 19.01.2011 passed in Cr. Misc.

No. 30583 of 2010, copy of the orders have been

appended as Annexure- 1 series.

It has been submitted on behalf of the

petitioner that he is in custody since 05.07.2008,
2

i.e., more than three years. However, from the

report kept at Flag- A, it appears that the trial has

not commenced as yet, as the dates are being fixed

for appearance of the absentee accused. Learned

counsel for the petitioner also submitted that co-

accused, namely, Vijay Das has already been

granted bail by another Bench of this Court.

Having regard to the facts and the

circumstances of the case, the petitioner, Radhey

Paswan, is directed to be released on bail on his

furnishing bail bond of Rs.10,000/-(Rupees Ten

Thousand) with two sureties of the like amount

each to the satisfaction of the S.D.J.M.,

Sherghati, Gaya in connection with Amas P.S.

Case No.82/2008 with a further condition that

one of the bailors of the petitioner must be the

close relative of his family member, who will

file affidavit before the court below giving full

genealogy showing his or her relationship with

the petitioner. Further, after his release in this

case, if the petitioner is again found to be

involved in criminal case of similar nature, the
3

court concerned would be at liberty to take steps

for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J.)

Sanjay-II