Ram Ekwal Kumar Paswan @ Ram Ekbal Kumar Paswan @ Ram Ekbal Kr Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32748 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ram Ekwal Kumar Paswan @ Ram Ekbal Kumar Paswan @ Ram Ekbal Kr Paswan S/O Ramesh Paswan R/O Village- Ashinchak, Asinchak, Ward No. 08, (Asinchak Harsankarpur), P.S- Dalsingsarai (Dalsinghsarai), Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Dalsinghsarai P.S. Case No.219 of 2024 registered for the offences punishable under Section 25(1-b)a, 26 of the Arms Act. Petitioner has one criminal antecedent.
3. As per the prosecution case, the informant received a secret information that one Ram Ekbal Kumar Paswan (petitioner) had kept a country-made pistol in his house. On such information, the informant conducted a raid and on search one country-made pistol was recovered from the wall of the house of the petitioner and the petitioner was apprehended and had also disclosed that one Splendor motorcycle was also parked outside his house and the said motorcycle was used to commit the crime.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32748 of 2025(2) dt.26-05-2025 2/3 the petitioner is innocent and has falsely been implicated in this case and no such recovery has been made as shown in the FIR. The learned counsel further submits that there is no single independent witness to the seizure list. It has also been submitted that the motorcycle recovered from outside the house of the petitioner belongs to one Vikash Kumar and the petitioner has no concern, whatsoever, with the said motorcycle. Lastly, it has been submitted that the petitioner has one criminal antecedent and he is judicial custody since 11.07.2024.
5. The learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that the petitioner has one criminal antecedent and one country-made pistol has been recovered from the conscious possession of the petitioner.
6. Considering the aforesaid submissions made by the respective parties and taking into account the period of the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Chief Judicial Magistrate I, Dalsinghsarai in connection with Dalsinghsarai P.S. Case No.219 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.32748 of 2025(2) dt.26-05-2025 3/3 close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bonds.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Harshita/- U T