Kamlesh Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.48404 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48404 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Kamlesh Paswan, Son of Baleshwar Paswan, Resident of VillageUttimpur, Police Station- Hulasganj in the district of Jehanabad, Presently resident of Village- Kanhaiya Bigha, Police Station- Hulasganj in the district of Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Sri Zainul Abdein. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 The petitioner seeks regular bail in connection with Excise Case No. 890 of 2017, arising out of Hulasganj P.S. Case No. 111 of 2016, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-b)a/26 of the Arms Act.

Allegation is of recovery of 4 1⁄2 litres of country made rifle.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has no criminal antecedent. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody for last three months.

Patna High Court Cr.Misc. No.48404 of 2017 (2) dt.12-10-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Excise Case No. 890 of 2017, arising out of Hulasganj P.S. Case No. 111 of 2016.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T