Munna Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12757 of 2022 Arising Out of PS. Case No.-59 Year-2021 Thana- BADHAILA District- Rohtas ====================================================== Munna Paswan Son of Faujdar Ram Resident of Village - Bhaluari, P.s.- Indrapuri, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Baghaila P.S. Case No. 59 of 2021 registered for the alleged offences under Sections 25(1-B) (a) 26 and 35 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, the petitioner was apprehended with a loaded country made pistol.
The learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. The present case has been registered as counter blast case
Patna High Court CR. MISC. No.12757 of 2022(2) dt.05-07-2022 2/3 to Rohtas, Baghaila P.S. Case No. 60 of 2021 in which the petitioner received injury. The learned counsel further submits that charge sheet has been submitted in this case and the petitioner is in custody since 06.08.2021.
Learned APP opposes the prayer for bail. He submits that during raid, a loaded country made pistol was recovered from the petitioner. Learned APP further submits that the petitioner is accused in two other cases as well. Having regard to the submissions made hereinabove and considering the fact that the charge sheet has been submitted and further considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas. in connection with Baghaila P.S. Case No. 59 of 2021, subject to the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each
Patna High Court CR. MISC. No.12757 of 2022(2) dt.05-07-2022 3/3 and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Gautam/- U T