Shaligram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18414 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== SHALIGRAM PASWAN S/o Satdev Paswan @ Paidal Paswan @ Satyadeo Paswan Resident of Village- Gara (Naula), P.S.- Bhagwanpur, DisttBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2020 Heard the learned counsel for the petitioner and Sri Jai Narain Thakur, the learned APP for the State.

The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 148 of 2019, registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol and seven cartridges apart from one pulsar motorcycle without number plate from the possession of the petitioner when he was apprehended by the police.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.18414 of 2020(3) dt.03-09-2020 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 20.08.2019. It is further submitted that the petitioner has been implicated in the present case only because he is having a bad criminal antecedent.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that not only illicit arms and ammunitions, but also a motorcycle without any number plate / registration number has been recovered from the petitioner herein and the petitioner appears to be a veteran criminal inasmuch as he is still an accused in seven other cases despite having been acquitted in three other cases, this Court does not find the case of the petitioner to be a fit case for grant of bail to the petitioner herein. Reference in this connection be had to the judgment rendered by the Hon'ble Apex

Patna High Court CR. MISC. No.18414 of 2020(3) dt.03-09-2020 3/3 Court in the case of Ash Mohammad vs. Shiv Raj Singh @ Lalla Babu & Anr., reported in (2012) 9 SCC 446). Accordingly, this Court does not find any merit in the present petition, hence, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T