Mukesh Paswan @ Mukesh Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32785 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== MUKESH PASWAN @ MUKESH KUMAR PASWAN S/o Late Rajdeo Paswan Resident of Village-Manikpur, P.S.-Saraiya, District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 27.01.2020 in connection with Jandaha P.S. Case No. 12/20 registered for the offense punishable under Sections of the 414 Indian Penal Code and Section 25(1-b)a,26,35 of the Arms Act and Section 20/22 of the NDPS Act.
As per the prosecution case, one country-made pistol and two live cartridges and 5 Kg. Ganja was recovered from the possession of this petitioner.
It is submitted that no such recovery has been made rather police forcibly took this petitioner in custody and thereafter implicated him in the present case. It is further submitted that mandatory provisions of the Act with regard to
Patna High Court CR. MISC. No.32785 of 2020(2) dt.07-12-2020 2/2 search and seizure has not been complied with. Chargesheet has already been submitted in this case and he is in custody since 27.01.2020.
Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Vaishali, in connection with Jandaha P.S. Case No. 12/20. (Prabhat Kumar Singh, J) Saif/- U T