Kamdeo Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.29761 of 2017 (2) dt.10-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29761 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Kamdeo Paswan, son of Late Dhaneshwar Paswan, resident of VillageMathurapur, P.S. and District- Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Khagaria P.S. Case No. 60 of 2017 registered for the offences punishable under Sections 25(1-b)a,26/35 of the Arms Act. Allegedly, from possession of co-accused Dinesh Paswan one country made pistol was recovered and further from the bed of the petitioner one country made pistol was recovered. Dinesh Paswan disclosed that one broken country made pistol has been kept in old tractor tyre and that was also recovered. Submission is of false implication and that the petitioner is the father of co-accused Dinesh Paswan, the petitioner has got no concern with the recovered pistol, the petitioner is a daily wages driver of Civil S.D.O., Khagaria and he has falsely been implicated in this case, resulting, he is suffering in custody since

Patna High Court Cr.Misc. No.29761 of 2017 (2) dt.10-07-2017 06.05.2017 and as such he deserves sympathetic consideration. Learned APP seriously opposes the prayer of bail by submitting that from the house of the petitioner also pistol was recovered.

In the facts and circumstances stated above, at present this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, the petitioner may renew his prayer of bail after completing six months custody in this case from the date of his remand.

(Jitendra Mohan Sharma, J) avin/- U T