Rajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9441 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== Rajesh Paswan, aged about 26 years, Gender-Male, Son of Sitaram Paswan, R/O village - Ranjeetpur, Ward No. -9, P.S. - Punaura, Dist. - Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Virendra Kumar, Advocate For the Opposite Party :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Punaura P.S. Case No. 181 of 2024 dated 25.08.2024 registered for the offences punishable under Sections 310(4), 310(5) and 317(5) of the B.N.S. and Sections 27, 26 and 35 of the Arms Act.

3. As per the prosecution case, police apprehended two persons, namely, Dharmendra Yadav and Santosh Baitha and from their possession, illegal arms and ammunitions and two motorcycles were recovered. They also disclosed the name of Pappu Paswan, Rajesh Paswan (petitioner) and Navlesh Paswan as fleeing persons.

Patna High Court CR. MISC. No.9441 of 2025(2) dt.19-03-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from his possession. He was not arrested on the spot. The name of the petitioner has surfaced in the present case only on the basis of the confessional statement of the co-accused persons. Except the confessional statement of the co-accused persons there is no other substantive evidence to suggest the implication of the petitioner in the present case. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Dharmendra Yadav, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 89935 of 2024 under order dated 08. 01.2025. The petitioner has seven criminal antecedents and in all cases, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 30.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.9441 of 2025(2) dt.19-03-2025 3/3 the like amount each to the satisfaction of learned J.M. Ist Class, Sitamarhi in connection with Punaura P.S. Case No. 181 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T