Ashok Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26904 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== ASHOK KUMAR PASWAN SON OF LATE SHOBHIT PASWAN RESIDENT OF VILLAGE - BIRAKH, P.S. - SURSAND, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of Arms Act.

3. As per prosecution case, the petitioner is alleged to have been apprehended by police from whose possession, one country made pistol loaded with two live cartridges and a motorcycle was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged seized arms. The motorcycle in

Patna High Court CR. MISC. No.26904 of 2024(2) dt.04-04-2024 2/2 question belongs to the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 21.10.2023. Moreover, similarly situated co-accused namely, Arvind Kumar Thakur has already been granted bail by this Court vide order 12.3.2024 passed in Cr. Misc. No. 15888 of 2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakridayal P.S. Case No. 223 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T