Dev Baran Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4382 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- GOPALPUR District- Patna ====================================================== Dev Baran Paswan Sri Ghuran Paswan Village - Udaini, p.s. - Gopalpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gopalpur P.S. Case No. 218 of 2018 registered for the offence punishable under Sections 25(1B)A, 26/35 of the Arms Act.

Allegation is of recovery of six cartridges from the possession of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of petitioner. Petitioner has no criminal antecedent and he is in custody since 03.09.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.4382 of 2019(2) dt.28-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 9th, Patnas, in connection with Gopalpur P.S. Case No. 218 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T