Bhayankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37512 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Bhayankar Paswan S/O Ram Bilash Paswan R/O Village- Manpur Gandhi Nagar, P.S.- Muffassil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sharma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya Muffasil P.S. Case No. 15 of 2024 instituted for the offences under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one mobile from the possession of the petitioner.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has been implicated in the present case by the police due to his criminal antecedent. No incriminating article has been recovered

Patna High Court CR. MISC. No.37512 of 2024(2) dt.15-05-2024 2/2 from the conscious possession of the petitioner rather it has been recovered from other co-accused. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. Moreover, it is submitted that the other coaccused has already been granted bail by this Court vide order dated 06.05.2024 passed in Cr. Misc. No. 34726 of 2024. The petitioner is in custody since 09.01.2024 and he has ten criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaya Muffasil P.S. Case No. 15 of 2024. (Rudra Prakash Mishra, J) Arish/- U T