Sanjay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2067 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Sanjay Paswan Gender-Male, Aged about 50 years, son of Chulhai Paswan, Resident of village-Ekaniya, Police Station-Mansi, District-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh For the Opposite Party/s :
Mr.Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Khagaria (Gangour) P.S. Case No. 308 of 2018 registered for the offence punishable under Sections 395 and 412 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
The allegation is regarding the accused persons having attacked the informant by ransacking the school in question and after the Police came two of the accused persons were apprehended who disclosed the names of the petitioner and other accused persons as their accomplice. On search one country made pistol was also recovered from the possession of the apprehended co-accused persons.
Patna High Court Cr.Misc. No.2067 of 2019(2) dt.16-01-2019 2/3 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, no incriminating article has been recovered from the conscious possession of the petitioner and no T.I. Parade has been held in order to connect the petitioner with the alleged crime. Lastly, it is submitted that the petitioner is languishing in custody since 19.06.2018 and in view of the fact that the petitioner is an accused in four other cases in which he is on bail, the learned counsel for the petitioner submits that the petitioner is ready to abide by whatever conditions as may be imposed for the purposes of grant of bail.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria in connection with Khagaria (Gangour) P.S. Case No. 308 of 2018. It is further directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10:30 A.M. on each and every Monday of the week and on account of his failure on two consecutive dates to mark his attendance, the present privilege of regular bail shall stand
Patna High Court Cr.Misc. No.2067 of 2019(2) dt.16-01-2019 3/3 cancelled automatically and the petitioner shall be taken into custody.
(Mohit Kumar Shah, J) S.Sb/- U T