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Patna High CourtCR. MISC./25755/2024bail granted

Mahesh Kumar Paswan @ Mahesh Paswan @ Mahesh Kumar v. The State Of Bihar

2024-07-05Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25755 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Mahesh Kumar Paswan @ Mahesh Paswan @ Mahesh Kumar son of Sahdeo Paswan Village- Parsauni PS-Dumra Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bela P.S. Case No. 164 of 2023, lodged on 06.07.2023 under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 24.01.2024 passed in Cr. Misc. No. 2062 of 2024 with liberty granted to the petitioner that he may renew his prayer for bail after framing of charge. Counsel further submits that charge has been framed in this case on 02.11.2023. Counsel also submits that on the previous occasion, report with regard to the present stage of the case has also been called for.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25755 of 2024(3) dt.05-07-2024 2/3 criminal antecedent of the petitioner is not clean and there are 11 criminal cases pending against the him. The petitioner is in custody since 06.07.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the report, it transpires that at present, this case is pending for prosecution witnesses.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sadar, Sitamarhi in connection with Bela P.S. Case No. 164 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- • Sonbarsa P.S. Case No. 31 of 2011.

• Sonbarsa P.S. Case No. 35 of 2011.

• Sonbarsa P.S. Case No. 64 of 2014.

• Sonbarsa P.S. Case No. 25 of 2015.

Patna High Court CR. MISC. No.25755 of 2024(3) dt.05-07-2024 3/3 • Sonbarsa P.S. Case No. 253 of 2020.

• Sonbarsa P.S. Case No. 167 of 2018.

• Parihar P.S. Case No. 241 of 2014.

• Parihar P.S. Case No. 174 of 2018.

• Bela P.S. Case No. 55 of 2015.

• Bela P.S. Case No. 193 of 2018.

• Bela P.S. Case No. 174 of 2018.

(Dr. Anshuman, J) Divyansh/- U T