Raju @ Raj Kumar Paswan @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26726 of 2024 Arising Out of PS. Case No.-413 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raju @ Raj Kumar Paswan @ Raj Kumar Son of Gopal Paswan Resident of Village- Pahadchak, Ward No. 27, Police Station- Muffasil, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in a case registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 120B of the Indian Penal Code.
3. As per the prosecution case, it is a case of recovery of some firearms from the other co-accused persons. 4.
Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to suspicion as well as previous grudge due to land dispute with family members of the informant of Muffasil P.S. Case No. 404 of 2023. He next submits that nothing has been recovered
Patna High Court CR. MISC. No.26726 of 2024(2) dt.18-04-2024 2/3 from his possession. He next submits that loaded pistol with two live cartridges have been recovered from one co-accused Neeru Kumar and there is no concern with the said co-accused. Petitioner is in custody since 17.07.2023.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Mufassil (Begusarai) P.S. Case No.413 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Gaurav, Judicial Magistrate, Ist Class, Begusarai/concerned court.
7.
The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of
Patna High Court CR. MISC. No.26726 of 2024(2) dt.18-04-2024 3/3 framing of charge.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T