Patna High CourtCR. MISC./54946/2018allowed

Brahamdeo Paswan @ Brahamdev Paswan And ANR v. The State Of Bihar

2018-09-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54946 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- PHULPARAS District- Madhubani ======================================================

1. Brahamdeo Paswan @ Brahamdev Paswan, S/o Jhauli Paswan,

2. Baleshwar Yadav, Son of Sifait Yadav, Both are Resident of Village- Siswabarhi, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Ms. Nitu Kumari No.2 For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel appearing for the State.

The petitioners are in custody in connection with Phulparas PS Case No. 131 of 2018 for the offence under Sections 147, 148, 149.341. 323. 353. 307. 272 and 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act read with Section 25(1-b)A/26/35.27 of the Arms Act.

Learned counsel for the petitioner submits that from the seizure list it is evident that arms was recovered from coaccused Sunil Yadav and not from the possession of the petitioners. The petitioners have no criminal antecedent and they are in custody since 29.06.2018.

Patna High Court Cr.Misc. No.54946 of 2018(2) dt.28-09-2018 2/2 Having regard to the fact that the petitioners have no criminal antecedent and they are in custody since 29.06.2018, the petitioners, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) each with two sureties of the like amount each after 21.10.2018 to the satisfaction of Additional District & Sessions Judge 2ndcum-Special Judge, Excise Act, Madhubani in connection with Phulparas PS Case No. 131 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U