Varun Paswan @ Barun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43398 of 2021 Arising Out of PS. Case No.-267 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== VARUN PASWAN @ BARUN PASWAN S/o Lalbahadur Paswan R/o Village- Basanta Jahanabad, P.s.- Lalganj, District- Vaishali at Hazipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2022 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 the learned APP for the State, Sri Ashok Kumar Singh.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 267/2018, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown

Patna High Court CR. MISC. No.43398 of 2021(2) dt.15-02-2022 2/3 miscreants having snatched the gun of the informant, after intercepting him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 3.12.2020. The learned counsel for the petitioner has further submitted that the looted gun has not been recovered from the conscious possession of the petitioner and he has been in fact falsely implicated in the present case after he was arrested in one other case, whereafter, he has been remanded in the present case. The learned counsel for the petitioner has further submitted that the petitioner has already been granted bail in the other case.

Per contra, the learned APP 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 and taking into account the materials

Patna High Court CR. MISC. No.43398 of 2021(2) dt.15-02-2022 3/3 available on record as also considering the fact that the looted gun has not been recovered from the conscious possession of the petitioner and he is languishing in custody since a long time, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Vaishali at Hazipur in connection with Lalganj P.S. Case No. 267/2018.

(Mohit Kumar Shah, J) Ajay/- U T