Manjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32695 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== MANJIT PASWAN, Son of Lakshami Paswan, Resident of Navtole, South Behat, P.S.- R.S. Shivir Jhanjharpur, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(I-b)a/26/35/37 of the Arms Act.

Allegation against the petitioner including other accused persons is of pressuring upon the informant for illegal trade of wine. On refusal by the informant co-accused namely Umesh Kamati allegedly put pistol at Temporal area and made firing in the air. Having heard the sound of firing, the villagers

Patna High Court CR. MISC. No.32695 of 2020(2) dt.16-12-2020 2/2 came there but the accused persons fled away from there. However, petitioner was caught by the local people. On information the police came there and where after aforesaid two motorcycles, country made pistol were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is recovery of one country made pistol from the conscious possession of the petitioner. The petitioner is in custody since 09.02.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State has opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Pandaul P. S. Case No. 28/2020 to the satisfaction of the learned C.J.M., Madhubani.

(Anjani Kumar Sharan, J) amitkumar/- U T