Nanhak Paswan @ Hari Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17055 of 2015 Arising Out of PS.Case No. -108 Year- 2013 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nanhak Paswan @ Hari Paswan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
One 9 MM pistol containing 6 live cartridges is said to have been recovered from conscious possession of the petitioner, who carries criminal antecedent of near about 9 cases. According to prosecution case itself, AK-56 and other lethal weapons were recovered from possession of other co-accused persons.
Contention on behalf of the petitioner is that coaccused, Arun Kumar Thakur from whose possession, AK-56 rifle and 3 live cartridges were recovered, has already been granted privilege of bail by a coordinate bench of this court and similarly, co-accused, Vidya Mahto, from whose possession, loaded country-made pistol and live cartridges were recovered, has
Patna High Court Cr.Misc. No.17055 of 2015 (6) dt.21-09-2015 2/2 already been granted privilege of bail whereas; the petitioner is languishing in jail custody since 25-10-2013. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kundwa Chainpur P.S. Case No. 108 of 2013 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran subject to condition that the petitioner shall appear in the court below, in person for a period of six months or till conclusion of his trial, whichever is earlier and if, petitioner fails to do so, on two consecutive dates without any reasonable cause, the court below shall be at liberty to cancel the bail bonds of the petitioner.
(Hemant Kumar Srivastava, J) A.K.V./- U T