Sanoj Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.34214 of 2015 (4) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34214 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -FULKAHA District- ARRARIA ======================================================

1. Sanoj Paswan S/o Bikru Paswan Resident of Village Madhura West, P.S. Fulkaha, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Fulkaha P.S. Case No. 77 of 2014 registered for the offence punishable under Sections 25(1-b)a, 26 (ii) of the Indian Penal Code. Allegedly, acting on a tip off, the informant and other Police personnel raided the place of occurrence from where the miscreants started fleeing away but the petitioner was caught and after search a loaded country made pistol and a live cartridge have been recovered from his waist and pocket.

Submission is of false implication and that the petitioner is in custody since 24.12.2014. The petitioner has been made accused in 11 more cases also due to high handedness of the

Patna High Court Cr.Misc. No.34214 of 2015 (4) dt.10-11-2015 Police but he is on bail in all the cases and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer for bail.

In the facts and circumstances stated above, considering the period of detention and the alleged recovery, the petitioner above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Mishra, J. M. Ist Class, Araria in connection with Fulkaha P.S. Case No. 77 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T