Ramesh Paswan @ Guru @ Guruji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10196 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== RAMESH PASWAN @ GURU @ GURUJI S/o Late Asarfi Paswan Resident of Mohalla- M.I.T. Jhikahia, P.S.- Brahampura, District- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Parasmani For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-3 of the petition. Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bhagwanpur PS Case No. 149 of 2018 for the alleged offence punishable under Sections 25(1-b)a and 26 of the Arms Act.
It is alleged that one Desi Katta with two .315 bore cartridges were seized in the instant case from the national highway. Learned counsel representing the petitioner submits that nothing was recovered from the possession of the petitioner. Since the petitioner was earlier made an accused in a case under
Patna High Court Cr.Misc. No.10196 of 2019(2) dt.20-02-2019 2/2 Section 302 IPC, he has been implicated in the instant case on the allegation that he had used that arm in commission of the earlier crime. Petitioner is in custody since 24.08.2018. Having regard to the time-gap between the offence alleged to have been committed by the petitioner under Section 302 IPC and the fact that recovery was made from an abandoned place and also considering the fact that petitioner is in custody since 24.08.2018, this application is allowed. Accordingly, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IIIrd, Vaishali at Hajipur in connection with Bhagwanpur PS Case No. 149 of 2018.
(Anil Kumar Upadhyay, J) mrl./- U T