Mithu Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16475 of 2015 Arising Out of PS.Case No. -188 Year- 2014 Thana -KHAGAUL District- PATNA ======================================================

1. Mithu Paswan Son of Jhulan Paswan, Resident of Kanpa, P.S. - Ranitalab, District - Patna.

2. Shobha Paswan, Son of Mahendra Paswan, Resident of Alipur, P.S. - Dulhin Bazar, District - Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Khagaul P.S. Case No.188 of 2014 for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25 (1-B) a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that the informant along with other police officials was on patrolling duty. In the meantime, he got secret information that some criminals were moving in a Sumo Victa vehicle near Hydraulic Irrigation Building, Khagaul. When they reached there, they surrounded the vehicle in question and arrested three persons. In presence of two independent witnesses, they were searched and from the possession of Shobha Paswan (petitioner no.2), a country made pistol and two live

Patna High Court Cr.Misc. No.16475 of 2015 (2) dt.10-06-2015 2/2 cartridges of .315 bore were recorded and from possession of Mithu Paswan (petitioner no.1), one country made pistol loaded with .315 bore cartridges were recovered.

It has been submitted on behalf of the petitioners that from the possession of petitioner no.2, a country made pistol and two live cartridges of .315 bore were recorded and from possession of petitioner no.1, one country made pistol loaded with .315 bore cartridges were recovered. It has further been submitted the petitioners are in custody since 15.09.2014. Further it has been pointed out that other accused persons have been granted bail by a Bench of this Court vide Cr. Misc. No.10465 of 2015 and Cr. Misc. No.11486 of 2015.

On behalf of the State it has been submitted that the petitioners are named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur in connection with Khagaul P.S. Case no.188 of 2014.

(Sudhir Singh, J) B.T/- U T