← Library
Patna High CourtCR. MISC./16588/2017allowed

Dharmendra Paswan v. The State Of Bihar

2017-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16588 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Dharmendra Paswan Son of Ghanshyam Paswan, R/o vill- Bishnupur (Ahok) , P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 The petitioner is in custody since 22.01.2016 in connection with Sahebpur Kamal P.S. Case No. 15 of 2016, registered for offences punishable under Sections 25(1-B)a/26 of the Arms Act.

Allegation against the petitioner is of recovery of one pistol and five cartridges.

It has been submitted on behalf of the petitioner that though there is allegation against the petitioner that one pistol and five cartridges were recovered from his possession, however, he has sufficiently been punished for the said offence as he has been in judicial custody since 22.01.2016. So far other criminal antecedents are concerned, they are not of the similar nature as the present one.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned

Patna High Court Cr.Misc. No.16588 of 2017 (3) dt.12-04-2017 2/2 facts and circumstances and the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 15 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T