← Library
Patna High CourtCR. MISC./8542/2019disposed

Roshan Paswan v. The State Of Bihar

2019-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8542 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== Roshan Paswan S/o Late Moti Paswan Resident of Village - Naya Tola, Ward No. 23, Nagar panchayat Naugachia, P.S- Naugachia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 This application, for grant of anticipatory bail, arises out of Naugachia P.S. Case No. 335/2018, disclosing offences under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)A, 26/35 of the Arms Act.

Allegation as per F.I.R is that police, while patrolling found eight to ten persons sitting near the Railway over bridge, out of which, two persons were caught, who disclosed their names as Raghav Pandey and Devi Lal and on search of the person of one of the accused persons, one loaded country made pistol and from another four cartridges were recovered and they also disclosed the names of other accused persons. Submission of learned counsel for the petitioners is that he ha no criminal antecedent and has falsely been made accused in this case on confession of co-accused and except that

Patna High Court Cr.Misc. No.8542 of 2019(2) dt.13-02-2019 2/2 there is nothing against the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather this application is disposed of with direction to the petitioner to surrender before the court below and pray for regular bail and if any such application is filed, the court below shall consider the same and will pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sunilkumar/- U T