Gauri Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36751 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== GAURI PASWAN, aged about 28 years, Male, Son of Phucho Paswan, Resident of Village - Abedkar Nayar Bikrampur, P.S.- Cheriya, Bariyarpur, District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Adv.

For the Opposite Party :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 28.02.2019 in connection with Cheria Bariyarpur P.S. Case No. 30 of 2019 for the offences alleged under Sections 25(1-B)A, 26(i)(ii) and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that the motorcycle, in which the petitioner and two others were seated, was intercepted and, on search, from the possession of the petitioner one live cartridge was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no overt act has been alleged against the petitioner. He submits that charge sheet has already been submitted, there being no allegation of tempering with the prosecution witnesses.

Patna High Court CR. MISC. No.36751 of 2019(2) dt.19-06-2019 2/2 However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations, the period of custody and that the petitioner does not bear any criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Cheria Bariyarpur P.S. Case No. 30 of 2019 to the satisfaction of the learned Additional Chief Judicial Magistrate, Majhaul, Begusarai, or the successor Court.

(Nilu Agrawal, J) Shamshad/- U T