Barak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30962 of 2022 Arising Out of PS. Case No.-94 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== BARAK PASWAN SON OF LATE DOMA PAWAN R/o village- VairaJamuni, P.S.- Agion Bazar, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on search one loaded country-made pistol was recovered from the possession of the petitioner and one country-made pistol and two live cartridges were recovered from the possession of the co-accused. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.30962 of 2022(2) dt.16-11-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. The other co-accused person Shivjee Yadav has already been granted bail by the Co-ordinate Bench vide order dated 30.03.2022 passed in Criminal Miscellaneous No. 57023 of 2021. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2020.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Agiaon Bazar P.S. Case No. 94 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T