Sujeet Paswan @Banora Paswan @Banara Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5649 of 2019 Arising Out of PS. Case No.-43 Year-2015 Thana- FATUA District- Patna ====================================================== Sujeet Paswan @ Banora Paswan @ Banara Paswan, aged about 38 years, Male, Son of Rampravesh Paswan, Resident of Village - Malahi, P.S. Barh, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha, Adv For the Opposite Party/s :
Mr.Indra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Fatuha P.S. Case No. 43 of 2015 registered for the offences punishable under Sections 399, 402, 307, 353/34 of the Indian Penal Code and Section 25(1-b), 26/27/35 of Arms Act.
Informant who is a police officer has alleged in his written complaint that during vehicle checking 7 persons coming from one vehicle were stopped and when searched arms and ammunitions were recovered from vehicle and 5 persons were apprehended however, 2 managed to escape taking advantage of darkness.
Patna High Court Cr.Misc. No.5649 of 2019(2) dt.05-02-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The name of the petitioner has been confessed by apprehended accused and he has been remanded in this case from Barh P.S. Case No. 205 of 2018. Petitioner is in custody since 25.10.2018.
Considering the aforesaid fact and circumstances of 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 A.C.J.M.-V, Patna City, in connection with Fatuha P.S. Case No. 43 of 2015, subject to conditions:
(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(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) Rajiv/- U T