Chandu Kumar Paswan @ Chandu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12117 of 2023 Arising Out of PS. Case No.-382 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== CHANDU KUMAR PASWAN @ CHANDU KUMAR Son of Amarjeet Paswan, Resident of Village- Mathura, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha For the Opposite Party/s :
Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Agamkuan P.S. Case No. 382 of 2022, registered for offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 of the Arms Act. As per allegation, the petitioner was arrested along with other accused persons named in the FIR and from other accused persons, who were arrested except the petitioner, arms and ammunition were recovered.
The learned counsel for the petitioner has submitted that so far as the petitioner is concerned, nothing has been recovered from his possession and he has been made accused in
Patna High Court CR. MISC. No.12117 of 2023(2) dt.12-05-2023 2/3 this case merely on the basis of his criminal antecedents shown in paragraph no. 3 of the bail petition. He is under custody since 02.06.2022.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City in connection with Agamkuan P.S. Case No. 382 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(iii)The petitioner shall remain present physically before the court below on each and every date till framing of the charge and his failure to physical
Patna High Court CR. MISC. No.12117 of 2023(2) dt.12-05-2023 3/3 appearance shall lead to cancellation of his bail bond.
(Nawneet Kumar Pandey, J) Mahesh/- U T