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Patna High CourtCR. MISC./35206/2023bail rejected

Abhishek Paswan @ Abhishek Kumar @ Chhotu v. The State Of Bihar

2023-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35206 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== ABHISHEK PASWAN @ ABHISHEK KUMAR @ CHHOTU SON OF RAJARAM PASWAN R/O VILLAGE- FARDI, P.S.-TEGHARA, DIST.- BEGUSARAI ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Prasad , Advocate For the Opposite Party/s :

Mr. Bharat Lal , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section s 255, 260, 484, 420, 467, 468, 471, 120(B)/34 of Indian Penal Code and section 25(1-b)a, 25(1A), 26/35 of Arms Act.

3. It is alleged that the pistol, two barrel small butt gun and two cartridges which was recovered from the possession of the co-accused Dharmendra Paswan which is alleged to have been handed over to him by this petitioner. It is further alleged that after verification, it was found that the said pistol and its licence is found to be forged one.

4. It is submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.35206 of 2023(2) dt.21-07-2023 2/2 has falsely been implicated in this case. The name of the petitioner transpired only on the basis of confessional statement of co-accused Dharmendra Paswan. Nothing has been recovered from the possession of the petitioner. There is no legal proof which shows that the petitioner was involved in preparation of the said licence. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that the pistol and its licence is found to be forged and fabricated. Witnesses have supported the allegation levelled against the petitioner that petitioner was involved in illegal supply of the alleged material with fake documents.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T