Motilal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30186 of 2025 Arising Out of PS. Case No.-23 Year-2017 Thana- ADAPUR District- East Champaran ====================================================== Motilal Paswan S/o Late Girdhari Paswan R/o Village- Bakhari, P.S.- Adapur, District- East Champaran, Motihari ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhandev Kumar, Advocate Ms. Isha Mishra, Advocate Mr. Sumit Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 3 & 4 of Explosive Substance Act, Sections 18, 18(B), 20 & 38 of the U.A.P.A. Act and Section 150 of the Railway Act.

3. The case of the prosecution is that the police found two persons in suspected position. They were apprehended. They were identified as Suraj Kumar and Dipu Kumar. From there possession certain articles were recovered. They have disclosed the name of other persons including the petitioner.

4. Learned counsel for the petitioner submits that the name of this petitioner has surfaced in the statement of co-accused.

Patna High Court CR. MISC. No.30186 of 2025(2) dt.19-05-2025 2/2 Nothing has been recovered from the possession of the petitioner. He has been framed in this case only due to his criminal antecedents. The petitioner is in custody since 03.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that petitioner is having criminal antecedent of 11 cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be released on bail in connection with Adapur P.S. Case No. 23 of 2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Raxaul at Motihari, East Champaran.

(Ashok Kumar Pandey, J) Durgesh/- U T