Sanny Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27041 of 2017 Arising Out of PS.Case No. -722 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sanny Paswan, Son of Late Moti Paswan, Resident of Jawaripur Near Dainik Bhaskar, P.S. Tilka Manjhi, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Kotwali (Tilkamanjhi) P.S. Case No. 722 of 2016 for the offences under Section 25(1-b)a, 26 of the Arms Act and Section 414 IPC which was subsequently added.

The petitioner is in custody since 30.12.2016. Learned counsel for the petitioner has questioned the legality of preparation of the seizure list and submitted that the place of occurrence and manner of occurrence of offence are all imaginary which is apparent from the fact that the seizure list was prepared on 29.12.2016 at 21.00 hours and the FIR was registered

Patna High Court Cr.Misc. No.27041 of 2017 (3) dt.01-07-2017 2/2 on the same day at 23.15 hours and in the seizure list the number of the FIR was mentioned.

Without going into the controversy as to the preparation of the seizure list and the submission of the petitioner about the imaginary place of occurrence and the commission of the offence, this Court is inclined to enlarge the petitioner on bail on the ground that the petitioner has remained in custody since 30th of December, 2016. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur or the successor Court in connection with Kotwali (Tilkamanjhi) P.S. Case No. 722 of 2016, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T