Patna High CourtCR. MISC./42988/2021bail granted

Deepak Paswan v. The State Of Bihar

2022-01-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42988 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== DEEPAK PASWAN S/O LATE LOHA PASWAN R/O VILLAGELALGANJ, P.S- SOHSARAI, DISTRICT-NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 47 of 2021 for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. The allegation is regarding the police having received a secret information that some miscreants had assembled at the alleged place of occurrence for the purposes of committing crime whereafter raid was conducted and three accused persons were caught. The police had then made search and from the person of the petitioner two live cartridges were recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 28.02.2021.

Patna High Court CR. MISC. No.42988 of 2021(2) dt.07-01-2022 2/2 The learned counsel for the petitioner has further submitted that though the petitioner is accused in one other case but he is on bail in the said case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Chief Judicial Magistrate-IV, Biharsharif, Nalanda in connection with Sohsarai P.S. Case No. 47 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T