Shaligram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42101 of 2021 Arising Out of PS. Case No.-148 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== SHALIGRAM PASWAN Son of Satdev Paswan @ Paidal Paswan @ Satyadeo Paswan Resident of Village - Gara (Naula), P.S.- Bhagwanpur, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Bhagwanpur PS case no. 148 of 2019 under Sections 25(1-b)a, 26, 35 of Arms Act, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court

Patna High Court CR. MISC. No.42101 of 2021(2) dt.25-08-2021 2/3 vide order dated 03.09.2020, passed in Cr. Misc. no. 18414 of 2020.

The allegation is regarding recovery of one country made pistol and seven cartridges apart from one pulsar motorcycle without number plate from the possession of the petitioner when he was apprehended by the police.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 20.08.2019 and he undertakes to appear on each and every date so fixed by the learned court below. It is further submitted that as far as 10 cases pending against the petitioner are concerned, the petitioner has been acquitted in three of them and is on bail in the rest of the cases.

Per contra, the learned A.P.P. for the State Mr. Ashok Kumar has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties as also taking into account the fact that the petitioner is on bail in all the other pending criminal cases, as against him and is languishing in custody since more than two years, I deem it fit and proper to admit the petitioner to the

Patna High Court CR. MISC. No.42101 of 2021(2) dt.25-08-2021 3/3 privilege of bail. Accordingly, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur PS case no. 148 of 2019.

The petitioner is directed to be present on each and every date, so fixed by the learned court below in the ongoing case and in case of any default in appearance, the present privilege of bail shall stand cancelled automatically and the petitioner shall be liable to be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T