Sita Ram Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29178 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================
1. Sita Ram Paswan Son of Late Rajju Paswan Resident of village - Bilashpur, P.S. Manpur, Distt. - Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 05.03.2015 in a case registered for the offences punishable under Sections 25 (1-B) `a, 26/35 of the Arms Act.
The prosecution case is that one Raj Nandan S.H.O. of Deep Nagar P.S. recorded his self statement on 4.3.2015 at the village- Maghra Bar Tar alleging therein that he along with other police personnel deputed were in patrolling duty and got secret information that one person was lashing weapon with intention to kill a person of village- Maghra. According on such information the patrolling parties reached Maghra village and found one young person lashing with riffle in one hand and in other hand keeping a country made pistol and seeing the police party started fleeing
Patna High Court Cr.Misc. No.29178 of 2015 (2) dt.05-08-2015 2/2 away but the police party chased him and caught him. Then the villagers gathered and in presence of villagers from the said caught persons one Riffle and one country made pistol with live cartridge along with one mobile having SIM was recovered from his person and the seizure list was prepared in presence of independent witness. It is alleged that the person caught disclosed his name as petitioner and also disclosed the name of his brother with whom he has land dispute and wanted to kill him. Upon the self statement of the informant present FIR has been lodged against the petitioner and investigation started.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he has been falsely implicated in this case.
Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P. S. Case No. 58 of 2015.
(Nilu Agrawal, J) Sudha/- U T