Birbal Paswan @ Bheem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35803 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -RISHIUP District- AURANGABAD ====================================================== Birbal Paswan @ Bheem, S/o Sitaram Paswan, Resident of VillageMoharkarma, Post- Simri Dhmani, Simri Police Station- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Shri Akhileshwar Pd. Singh, Sr. Adv. For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in Risiup P.S. Case No. 11 of 2017 for the offence under sections 384, 386, 121, 124A, 505B of the Indian Penal Code, 25(1-b)a & 26 of the Arms Act and Section 17 of C.L.A.

Counsel for the petitioner submits that petitioner has remained in jail in this case for more than six months and from the FIR, it appears that he was apprehended while he was sitting in the eastern side of the canal. From his possession currency of 70 notes of 100 and 6 notes of 2000 denomination was seized and one country made pistol with two live cartridges and two mobiles. He submits that in totality of facts situation he has not committed any crime and simply from his possession one country-made pistol and

Patna High Court Cr.Misc. No.35803 of 2017 (2) dt.11-08-2017 2/2 certain currency was recovered and he has remained in jail for more than six months, as such, he deserves bail. In paragraph-3 it is mentioned that the petitioner is also accused in other cases.

In paragraph-4 of the application the petitioner has mentioned that he has not been allowed bail in cases at sl. no. 6 to 11.

Having regard to the fact that the petitioner has remained in jail for more than six months in the instant case involving arms Act, let the petitioner, named above, be released on bail, if he is not otherwise required with reference to the cases as mentioned in para-3 and 4 of his bail application at sl. 6 to 11, on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VIII, Aurangabad, in connection with Risiup P.S. Case No. 11 of 2017 with condition that one of the bailors should be the close family members of the petitioner and further on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, tamper the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T