Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22840 of 2020 Arising Out of PS. Case No.-846 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== KUNDAN PASWAN Son of Late Indradev Paswan @ Indal Paswan Resident of Village-Kabaiya Ward No. 32, Police Station-Lakhisarai, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.A.G.

====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under sections 25(1-b)A, (1-AA), 26(i) of the Arms Act and Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of recovery of one pistol alongwith 8 live cartridges. Further allegation is of consuming liquor which is banned in the State of Bihar. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case at the instance of Chowkidar due to previous enmity. Petitioner has got no criminal antecedent and is in custody since 28.11.2019.

Patna High Court CR. MISC. No.22840 of 2020(2) dt.11-09-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Lakhisarai (Kabaiya) P.S. Case No. 846 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U