Vijali Paswan @ Bhotha Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8409 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- PARAIYA District- Gaya ====================================================== VIJALI PASWAN @ BHOTHA PASWAN Son of Late Rajendra Paswan Resident of Village - Kamaldah, P.s.- Paraiya, Distt.- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 25(1-B)(a) and 26 of the Arms Act.

As per the prosecution case, a loaded country-made pistol was recovered from the possession of the petitioner which was used in committing bank dacoity.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.8409 of 2022(6) dt.04-08-2022 2/3 this case on mere suspicion. The petitioner is accused in 13 other criminal cases which are related to dacoity, murder etc., out of which he is on bail in 11 cases as stated at para 3 of the bail petition. The petitioner is in custody since 28.06.2021. Learned A.P.P. for the State vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya, in connection with Paraiya P.S. Case No. 55 of 2021, with following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give undertaking as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

3. If the petitioner is found involved in any other criminal cases in future, his bail bond is liable to be cancelled by

Patna High Court CR. MISC. No.8409 of 2022(6) dt.04-08-2022 3/3 the concerned Court.

4. The petitioner is directed to mark his attendance before the Officer-In-Charge of the concerned police station at 10.00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T