Patna High CourtCR. MISC./38013/2019bail granted

Durga Paswan v. The State Of Bihar

2019-07-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38013 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== DURGA PASWAN aged about 36 years son of Late Nande Paswan, resident of Village-Khetalpura (Barbigha) P.S.Sare,Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has made an application for grant of bail in connection with Sohsarai P.S.Case No.17 of 2019 registered for the offence under Section 401 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. As per the allegation in the F.I.R., on seeing the police party, the accused persons started to flee. On chase, one of the accused was caught who disclosed his name as Durga Paswan (petitioner herein) and on search a loaded pistol and a live cartridge of .315 bore was recovered from his pocket. It is submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and that he is in custody for more than five months.

Patna High Court CR. MISC. No.38013 of 2019(2) dt.04-07-2019 2/2 The application for bail is opposed by learned A.P.P. for the State.

Having heard the learned counsel for the parties and taking into consideration that the petitioner has no criminal antecedent and that he is in custody since 29.01.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/ with two sureties of the like amount each to the satisfaction of Sri M.Mishra, J.M. 1st Class, Bihar Sharif, Nalanda in Sohsarai P.S.Case No.17 of 2019.

(Partha Sarthy, J) aks/- U