Manjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42374 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== MANJAY PASWAN Son of Late Yogendra Paswan @ Yogi Paswan Resident of village- Parsurampur Ward no. 13 P.S- Parsauni, Dist- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-11-2022 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 is seeking regular bail in connection with Parsauni P.S. Case No. 73 of 2022, registered for the offences punishable under Sections 25(1-b) a/26/35 of the Arms Act.

As per allegation, when the petitioner was travelling with one Ajay Paswan by a motorcycle, he was intercepted by police and a loaded pistol was recovered from his possession. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42374 of 2022(2) dt.16-11-2022 2/3 that the petitioner is under custody since 11.05.2022. He has also submitted that he has disclosed the antecedent in paragraph no. 3 of the bail petition, but all the cases, he is on bail and in the present case, he has falsely been implicated merely on the basis of his criminal antecedent.

Considering the period of incarceration, 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 Judicial Magistrate-1st Class, Sitamarhi in connection with Parsauni P.S. Case No. 73 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself 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.42374 of 2022(2) dt.16-11-2022 3/3 failing which, the matter shall be brought to the notice of this Court.

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