Ghanshyam Babu Paswan @ Ghanshyam Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31877 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Ghanshyam Babu Paswan @ Ghanshyam Kumar Paswan Son of Musafir Paswan @ Mosafir Prasad Resident of Village - Arya Nagar, Ward No.21, P.s.- Gopalganj, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 413, 414/34 of the Indian Penal Code and 25(1-B)a,26, 35 of the Arms Act.

The prosecution case in brief is that in course of raid, the petitioner and others were apprehended. It is alleged that a sharp edged knife and a motorcycle were recovered from possession of the petitioner.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-02-2019. The petitioner had no knowledge that the motorcycle, in question

Patna High Court CR. MISC. No.31877 of 2019(2) dt.14-05-2019 2/2 was a stolen property. He has been made accused in the present case due to mistake of fact. There is no recovery of arms from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 107 of 2019.

(Sudhir Singh, J) A.K.V.//- U T