SC orders immediate release of prisoner who was granted bail from future date by Patna HC

New Delhi, Oct 21 (IANS) The Supreme Court has ordered immediate release of a prisoner who was granted bail from a future date by the Patna High Court.

A bench of Justices Abhay S. Oka and Pankaj Mithal said that it is “surprising” that the High Court has stated that the accused will be released on bail but only after completing 15 months in custody though the impugned order records a clear finding that he is entitled to be released on bail.

“The petitioner shall be immediately enlarged on temporary bail on the terms and conditions incorporated in .. the impugned order (except the condition that the petitioner shall be enlarged on bail only after completing 15 months),” the bench ordered on Thursday as an interim measure.

In its impugned order passed in August this year, a bench of Justice Sandeep Kumar of the Patna High Court had said that the petitioner “be released on bail on completing 15 months in custody and on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive special Judge.”

Rakesh Paswan, the accused, was booked in 2021 under the Bihar Prohibition and Excise (Amendment) Act, 2018 and the Arms Act.