Patna High CourtCR. MISC./14923/2024bail granted

Mani Paswan @ Manikant Paswan v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14923 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Mani Paswan @ Manikant Paswan Son of Late Mahendra Paswan Resident of Village- Sukhasani, P.S.- Udakishunganj, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Udakishuganj P.S. Case No. 293 of 2023, instituted for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 375 ml liquor, one country made masket and five live cartridges were recovered from the house of the petitioner and he was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern

Patna High Court CR. MISC. No.14923 of 2024(2) dt.04-03-2024 2/2 with the alleged recovery of liquor. The petitioner is in custody since 08.09.2023 and has got fifteen criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udakishuganj P.S. Case No. 293 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T