Chandradip Kumar @ Chandradip Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7739 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== CHANDRADIP KUMAR @ CHANDRADIP KUMAR PASWAN, aged about 25 years, Male, son of Mithilesh Paswan, Resident of Village-Bahanpur, P.S.-Salimpur, District-Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar, Adv.

For the Opposite Party :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 25.07.2018 in connection with Khusrupur P.S. Case No. 181 of 2018 for the offences alleged under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on vehicle checking the police intercepted a motorcycle on which three persons were riding. While two persons managed to flee away, the petitioner was apprehended. On search one country made pistol and one live cartridge was recovered from his possession. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court Cr.Misc. No.7739 of 2019(2) dt.11-02-2019 2/2 has been falsely implicated in the aforesaid case. He, further, submits that no overt act has been alleged against the petitioner and is a victim of high-handedness of the police. It is, further, submitted that charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Khusrupur P.S. Case No. 181 of 2018 to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Patna City, Patna.

(Nilu Agrawal, J) Shamshad/- U T