Saheb Paswan @ Banti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18963 of 2022 Arising Out of PS. Case No.-597 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Saheb Paswan @ Banti Son of Shambhu Paswan Resident of village - Mohania, Ward No.- 12, P.S.- Mohania, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

Recovery is of one country made pistol and five live cartridges from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that one country made pistol and five live cartridges has been recovered from the conscious possession of

Patna High Court CR. MISC. No.18963 of 2022(2) dt.05-08-2022 2/3 the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner, rather the police has planted the same and shown the recovery from the possession of the petitioner. He further submits that there is no compliance of Section 100 Cr.P.C. in the present case and the police after investigation, submitted the charge sheet against the petitioner. The petitioner is in custody since 02.01.2022. The learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 learned Court below where the case is pending in connection with Mohania P.S. Case No. 597 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.18963 of 2022(2) dt.05-08-2022 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T