Arun Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.28573 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28573 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -NARPATGANJ District- ARRARIA ====================================================== Arun Paswan Son of hari Lal Paswan Resident of Village-Khawdah, P.S.- Narpatganj, Dist-Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Narpatganj P.S. Case No. 84 of 2017 registered for the offence punishable under Sections 25 (1-b)a/26 of the Arms Act.

Learned counsel for the petitioner submits that prior to the present case the petitioner had got clean antecedent. In the present case, the police allegedly raided his house on the basis of confessional statement of one Sanjay Paswan and in course of such search, it is alleged that a country made pistol with one live cartridge has been recovered from his possession. The mobile phone with Sim Card shown in the seizure list belongs to the present

Patna High Court Cr.Misc. No.28573 of 2017 (2) dt.07-07-2017 petitioner. The petitioner is in custody since 23.02.2017, after this case he has been remanded in three other cases on the basis of confessional statement. However, in those cases he has been granted bail.

However, learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances that the allegation against the petitioner is that of possessing a country made pistol in which he is in custody for about five months and investigation is over, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 84/2017, subject to condition one of the bailors must be a family members and he shall cooperate in course of trial.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T