Sunil Paswan @ Chotka Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24623 of 2024 Arising Out of PS. Case No.-355 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Sunil Paswan @ Chotka Kariya S/o Late Ganga Paswan R/o Village- Chhoti Ballia, Akhtiyarpur, P.S.- Ballia, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Ballia P.S Case No. 355 of 2023 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the informant received a secret information that some criminals armed with illegal arms and cartridges from making planning to commit crime in the house.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It

Patna High Court CR. MISC. No.24623 of 2024(2) dt.05-04-2024 2/3 is further submitted that one of the co-accused has already granted bail by this Court vide order dated 28.03.2024 passed in Cr. Misc. No. 19885 of 2024. It is also submitted that petitioner is in judicial custody since 29.12.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and as well the fact the co-accused already granted bail and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M Begusarai in connection with Ballia P.S Case No. 355 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.24623 of 2024(2) dt.05-04-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T