High Court Patna High Court - Orders

Rusha Paswan @ Sohan Paswan vs The State Of Bihar on 13 April, 2011

Patna High Court – Orders
Rusha Paswan @ Sohan Paswan vs The State Of Bihar on 13 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.10825 of 2011
                        RUSHA PASWAN @ SOHAN PASWAN
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

2 13.04.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is not named in the F.I.R nor anything has

been recovered from his conscious possession.

from perusal of the impugned order, it would appear that

one co-accused having similar allegation has already been granted

privilege of bail by this Court but learned Additional Sessions

Judge 1st Darbangha, rejected the prayer for bail of the petitioner

only on the ground that he was released on bail by this Court.

It is very unfortunate that learned Additional Sessions

Judge 1st Darbhanga has not applied his judicial mind and on

flimsy ground rejected the prayer for bail of the petitioner.

Accordingly, petitioner is directed to be released on bail

on furnishing bail bonds of Rs. 10, 000/- (Ten Thousand) with two

sureties of the like amount each to the satisfaction of 1st Additional

Sessions Judge, Darbhanga in connection with Raiyam P.S. Case

No. 29 of 2008. Learned 1st Additional Sessions Judge Darbhanga

is hereby warned to be more cautious at the time of passing

judicial order.

( Hemant Kumar Srivastava, J.)
Prakash