Chandan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50238 of 2021 Arising Out of PS. Case No.-177 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== CHANDAN PASWAN Son of Ram Nandan Paswan Resident of Village - Ghatho, Ward No.13, P.S.- Ghatho, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, in course of investigation of one case, ten accused persons including the petitioner herein were arrested and on an information provided by the four arrested accused persons including this petitioner, a raid was conducted in the house of Dharmendra Sahni and incriminating articles were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. The only material being relied on against the petitioner is that it

Patna High Court CR. MISC. No.50238 of 2021(2) dt.23-02-2022 2/2 was on his and the statement of three others that incriminating articles were recovered from the house of Dharmendra Sahani. The petitioner is in custody since 26.12.2020 and chargesheet has been submitted in the case. The case of the petitioner stands on a similar footing to that of Michael Soni who has been enlarged on bail vide order dated 24.1.2022 passed in Cr. Misc. no. 43694 of 2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 1 year and grant of bail to the similarly situated FIR named co-accused, the petitioner is directed to be enlarged on bail in connection with Birpur P.S. Case no. 177 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Begusarai.

(Partha Sarthy, J) Spd/- U T