Brajesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59482 of 2017 Arising out of PS.Case No. -484 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Brajesh Paswan, Son of Ram Ishwar Paswan, Resident of Village- Aaripur, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jehanabad P.S. Case No. 484 of 2017 instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that the Police upon secret information to the effect that some miscreants had assembled near the Power Grid, north of Irki and were planning for executing some criminal activity, the said Police officials reached the place of occurrence and arrested the accused persons including the petitioner herein. Whereafter a country made pistol along with loaded cartridges were recovered from the waist of the petitioner and further some quantity of liquor was also recovered.

The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.59482 of 2017 (2) dt.03-01-2018 2/2 petitioner has been falsely implicated in the present case. It is submitted that the petitioner has a clean antecedent and he is in custody since 30.07.2017. It is further submitted that the coaccused namely Hareram Kumar has already been enlarged on bail.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has got a clean antecedent, I deem it fit and proper to direct for enlarging the petitioner above named on regular bail immediately upon completion of six months custody from the date of his arrest subject to such condition(s) as may be imposed by the learned trial court.

Accordingly, the petitioner is directed to be released on regular bail immediately upon completion of six months custody w.e.f. 30.07.2017 on such conditions as may be imposed by the learned Trial Court.

(Mohit Kumar Shah, J) S.Sb/- U T