Patna High Court - Orders
Kamlesh Paswan vs The State Of Bihar on 14 December, 2022
Author: A. M. Badar
Bench: A. M. Badar, Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.341 of 2018
Arising Out of PS. Case No.-32 Year-2011 Thana- BELAGANJ District- Gaya
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Kamlesh Paswan S/o Babulal Paswan, R/o Bulak Bigha, P.S.- Belaganj,
District- Gaya. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s
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with
CRIMINAL APPEAL (DB) No. 360 of 2018
Arising Out of PS. Case No.-32 Year-2011 Thana- BELAGANJ District- Gaya
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1. Chandu Ram and Anr Son of late Jagdish Ram@ Jagdish Ravidas Resident
of Village- Shankarpur, P.S. Belaganj, District- Gaya.
2. Surya Bilas Paswan Son of late Ram Swaroop Paswan Resident of Village-
Bulak Bigha, P.S. Belaganj, District- Gaya.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s
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Appearance :
(In CRIMINAL APPEAL (DB) No. 341 of 2018)
For the Appellant/s : Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Sanjeev Kumar, Adv.
Mr. Priya Ranjan, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
(In CRIMINAL APPEAL (DB) No. 360 of 2018)
For the Appellant/s : Mr. Jagdish Prasad, Adv.
For the Respondent/s : Mr. Satya Narayan Prasad, APP
For the Informant : Mr. Pushkar Narain Shahi, Sr. Adv.
Mr. Ravindra Priyadarshi, Adv.
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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
and
HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE A. M. BADAR)
10 14-12-2022Interlocutory Application Nos. 03/2022 & 02/2022 Appellant/applicant, Surya Bilas Paswan by filing this interim application bearing I.A No. 03/2022 in Cr. Appeal (DB) No. 360/2018 and appellant/applicant, Kamlesh Paswan in Cr. Appeal (DB) No. 341/2018 by filing interim application bearing I.A. No. 02/2022 are renewing their prayer for grant of bail by substantive sentence imposed on them by the learned trial court. They both along with others have been convicted for the Patna High Court CR. APP (DB) No.341 of 2018(10) dt.14-12-2022 2/4 offences punishable under Sections 147/148/302/149 IPC and under Section 27 of the Arms Act and are sentenced to suffer imprisonment for life apart from imposition of some fine.
Learned counsel for the appellant/applicant, Surya Bilas Paswan argued that the appellant is behind bars from 30.12.2011 and as such has completed more than ten years of sentence. He is, therefore, entitled for bail by virtue of the law laid down by the Hon'ble Supreme Court in several judgments.
The learned counsel appearing for appellant/applicant, Kamlesh Paswan has vehemently argued that Kamlesh Paswan has not participated in actual assault and, therefore, he is also entitled for bail in the wake of the fact that his earlier bail application was rejected for the present by the Co-ordinate Bench of this Court.
The learned APP assisted by the learned counsel for the first informant opposed the application.
We have considered the submissions so advanced and we have also perused the material placed before us. According to the prosecution case, first informant, Vinay Sharma was returning back to his village after purchasing clothes from Belhari Bazar along with his nephew Manish Sharma (since deceased), on the way back to their village, accused persons including both the applicants/appellants had surrounded them Patna High Court CR. APP (DB) No.341 of 2018(10) dt.14-12-2022 3/4 and Manish Sharma was killed by firing bullet at him by the accused persons.
In other words, it is case of the prosecution that by forming unlawful assembly with common object of eliminating Manish Sharma, he was done to death by the accused persons by using fire arms.
So far as applicant/appellant, Kamlesh Paswan is concerned, his bail application was rejected by the Co-ordinate Bench of this Court on merits by considering the evidence against him. We are not in a position to reopen the merits of that order passed by the Co-ordinate Bench of this Court as that amounts to review which is not permissible in criminal proceeding. Kamlesh Paswan has undergone sentence of only 05 years and 03 months as of now. Thus, application for grant of bail of Kamlesh Paswan is rejected.
Interim Application No. 02/2022 filed by applicant/appellant, Kamlesh Paswan is rejected.
So far as applicant/appellant, Surya Bilas Paswan is concerned, as he has undergone sentence for more than eleven years and as his appeal is not likely to be taken up for final hearing in near future, his application deserves to be allowed and, therefore, the order.
Patna High Court CR. APP (DB) No.341 of 2018(10) dt.14-12-2022 4/4 Interim Application No. 03/2022 filed by applicant/appellant Surya Bilas Paswan is allowed.
Substantive sentence of imprisonment imposed on the applicant/appellant, Surya Bilas Paswan is suspended and he is directed to be released on bail on executing P.R. bond of Rs. 10,000/- (Ten thousand) and on furnishing surety of the like amount to the satisfaction of the court of FTC-II, Gaya/concerned court in Sessions Trial No. 26/2017/53/2012 (Belaganj Police Station Case No. 32/2011) till final disposal of his appeal.
Till disposal of the appeal recovery of fine is stayed with regard to applicant/appellant, Surya Bilas Paswan.
The appellant to co-operate this Court in disposal of the appeal.
(A. M. Badar, J)
( Anil Kumar Sinha, J)
perwez
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