Badal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6633 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Badal Paswan Son of Late Kari Paswan Resident of Village - Behararia, Ward No.1, P.s.- Ghoghardiha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Supaul P.S. Case No. 54 of 2021 instituted for the offences under Sections 25(1-b)A, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 23.01.2021, charge-sheet has been submitted in the case and has antecedent of 5 cases. Learned counsel for the petitioner submits that allegation is recovery of one loaded country made pistol and one cartridge from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Further, it is submitted that he has been apprehended in the present case merely on suspicion.

Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.6633 of 2022(2) dt.14-06-2022 2/2 prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.01.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No. 54 of 2021, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

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

(Khatim Reza, J) Gaurav Kumar/- U T