Patna High CourtCR. MISC./14363/2024bail rejected

Jitan Paswan v. The State Of Bihar

2024-03-06Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14363 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- KINJAR District- Jehanabad ====================================================== Jitan Paswan, aged about 30 years, Male, Son of Sudarshan Paswan, Resident of Village- Azad Nagar, P.S.- Kinjar, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kinjar PS Case No. 41 of 2023 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded pistol and nine live cartridges have been recovered from the waist of the petitioner whereas two pistols, one mobile and a Honda Motorcycle has also been recovered from conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. After through

Patna High Court CR. MISC. No.14363 of 2024(2) dt.06-03-2024 2/2 investigation police has submitted chargesheet against this petitioner under various sections of the Arms Act and charge has already been framed against him. Petitioner is in custody since 10.04.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the case diary, FIR and the impugned order of the learned District and Sessions Judge, Jehanabad dated 21.12.2023, it appears that the petitioner is named in the FIR and one loaded pistol, nine live cartridges have been recovered from his waist and pocket of the pant whereas two pistols, one mobile and a Honda Motorcycle has also been recovered from his conscious possession, in this circumstances, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. Learned trial Court is directed to conclude the trial preferably within a period of one year from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) Anand Kr.

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