Kundan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40836 of 2022 Arising Out of PS. Case No.-263 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== KUNDAN PASWAN Son of Mahendra Paswan, Resident of Gandhi Nagar, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s:

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 263 of 2021, registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act and 4/5 of the Explosive Substance Act.

As per allegation, six named accused persons were planning to commit dacoity and on this information, the police raided the place of occurrence and apprehended one miscreant, who disclosed his name as Pintu Paswan and he also disclosed the name of other accused persons, including the petitioner.

Patna High Court CR. MISC. No.40836 of 2022(2) dt.03-11-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner, who was arrested at the spot and on whose confessional statement the name of the petitioner has figured, has been granted bail by this Court, vide Criminal Miscellaneous No. 59361 of 2021 and the case of the petitioner is on better footing.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 263 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove,

Patna High Court CR. MISC. No.40836 of 2022(2) dt.03-11-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T