Yogendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23308 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -ROSHANGAANJ District- GAYA ====================================================== Yogendra Paswan, S/o Naresh Paswan, R/o Vill. Rewada, P.S. Barachatti, Dist. Gaya.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Arun Kumar Singh-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 279, 411, 414 of the Indian Penal Code, Section 25(1B)a/26/35 of the Arms Act, Section 37(b) of Excise Act & 17 C.L.A. Act.
It is alleged that one loaded country made pistol along with six live cartridges are said to have been recovered from the possession of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.10.2016. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court Cr.Misc. No.23308 of 2017 (2) dt.22-05-2017 2/2 petitioner has been made accused due to mistake of fact. One loaded country made pistol along with six live cartridges are said to have been recovered from the possession of the petitioner. It is further submitted that the petitioner may be released after completion of 9 months in custody i.e. from 30.10.2016. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody i.e. from 30.10.2016, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, in connection with Raushanganj (Bankey Bazar) P.S. Case No. 146 of 2017.
(Sudhir Singh, J) Amit/- U T