Santosh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19272 of 2024 Arising Out of PS. Case No.-481 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Santosh Paswan, S/O Chaturi Paswan, R/O Village- Damodarpur, P.S- Sahpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sahpur P.S. Case No. 481 of 2023, instituted under Section 25(1-b)a of Arms Act.

3. As per the prosecution case, on raid police recovered one country made pistol from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is a Ward member who had made complaint against the S.H.O. due to which he has falsely been implicated in excise case and in the present case. He further submits that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.19272 of 2024(3) dt.08-05-2024 2/2 possession of the petitioner. The alleged recovery has been made from the joint family house of the petitioner. Petitioner undertakes to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Sahpur P.S. Case No. 481 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T