Bhushan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6778 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== BHUSHAN PASWAN, son of Ramsagar Paswan, Resident of village-Korai, P.S.-Garpura, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph-1 of the bail petition during course of the day.

Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Garhpura P.S. Case No. 93 of 2018, instituted for the offence under Section(s) 399, 402 of the Indian Penal Code, Sections 25(1-b)(a), 26 and 35 of the Arms Act.

Counsel for the petitioner submits that there is no recovery of any incriminating article from possession of the petitioner.

It is alleged in the written report that five persons on seeing the police party tried to run away. Two persons were

Patna High Court Cr.Misc. No.6778 of 2019(2) dt.06-02-2019 2/2 apprehended by the police who disclosed their name as Bhushan Paswan (petitioner) and Balram Jha. It is further alleged that one small paper has been recovered from pocket of the petitioner upon which Ramanmand Fansi was written. From possession of co-accused Balram Jha one loaded country made pistol and one live cartridge have been recovered. Petitioner is in custody since 2.9.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Garhpura P.S. Case No. 93 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T