Surajmal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6138 of 2023 Arising Out of PS. Case No.-22 Year-2014 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Surajmal Paswan, Son of Mandev Paswan, R/O Vill.- Suknadera, P.S.- Hussainabad, Distt.- Palamu (JHARKHAND) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with NTPC Khaira P.S. Case No. 22 of 2014 dated 01.03.2014 registered for the offences punishable u/ss 25(1-b)a, 26 and 35 of the Arms Act. As per the prosecution case, the informant along with other police personnel was on patrolling duty and was searching for an absconded accused person, when they got information that some miscreants were going towards Navinagar on a Tata

Patna High Court CR. MISC. No.6138 of 2023(2) dt.05-05-2023 2/3 Sumo Victa vehicle and on the said information, they had intercepted one Sumo vehicle and apprehended three persons where arms, cartridges etc. were recovered, however, certain miscreants had managed to flee away and upon interrogation of the apprehended accused persons, it transpired that the petitioner and others were the persons who had fled away. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the name of the petitioner has sprung up in the confessional statement of the co-accused. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 09.06.2022 passed in Cr. Misc. No. 69694 of 2021. The petitioner is accused in two other criminal cases and he is on bail in both cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.6138 of 2023(2) dt.05-05-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with NTPC Khaira P.S. Case No. 22 of 2014.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T