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Patna High CourtCR. MISC./19020/2021bail granted

Sharvan Paswan @ Shraban Paswan v. The State Of Bihar

2021-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19020 of 2021 Arising Out of PS. Case No.-142 Year-2019 Thana- BIHRA District- Saharsa ====================================================== SHARVAN PASWAN @ SHRABAN PASWAN SON OF RAM PRASAD PASWAN Resident of Village - Pastwar, Ward No.1, P.S.- Mahishi, Dist.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Pd. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a search it is stated that a pistol, live cartridges and a stolen Yamaha motorcycle was recovered from the possession of accused Satyam Singh, Ankit Choudhary and Durga Nand Singh. It is stated that one of the accused disclosed that the stolen motorcycle had been given to them by this petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19020 of 2021(2) dt.20-09-2021 2/2 that petitioner has been falsely implicated in the case. Neither he was arrested at the spot nor any incriminating material has been recovered from his possession. There is no material against him except the statement of a co-accused made before police. The petitioner is in custody since 25.10.2019 and the cause of his false implication is his antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the F.I.R. together with the period in custody, the Court directs the petitioner to be enlarged on bail in connection with Bihra P.S. Case no.142 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saharsa. (Partha Sarthy, J) Saurabh/- U T