Saheb Kumar @ Saheb Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38232 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== SAHEB KUMAR @ SAHEB PASWAN Son of Arjun Paswan Resident of village - Dharhra, P.s. - Asthawan, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-07-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Asthawan P.S. Case No.28 of 2023 registered for the offence under Sections 399, 402 and 120B/34 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act. 3.

The accused/petitioner is named in the F.I.R. and is in custody since 04.02.2023.

4.

The allegation against the petitioner is to be involved in preparation of committing dacoity along with other co-accused persons, where, other co-accused persons were alleged to be found in possession of firearm and live cartridges. 5.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced, in this case, on the basis of disclosure made by apprehended co-

Patna High Court CR. MISC. No.38232 of 2023(2) dt.18-07-2023 2/2 accused persons and as such, no incriminating materials recovered from his possession, as to connect him, prima facie, with present preparation of committing dacoity. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6.

Learned APP appearing on behalf of the State, opposing the prayer of bail.

7.

Considering the facts and circumstances as mentioned above, as petitioner not apprehended on spot coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 04.02.2023, let the petitioner, above named, is directed to be released on bail in connection with Asthawan P.S. Case No.28 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bihar Sharif, Nalanda/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T