Shiv Kumar Paswan @ Sukumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1706 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Shiv Kumar Paswan @ Sukumar Paswan Aged About 32 Years Son Of Baleshwar Paswan @ Bathaha Paswan Resident Of Village-Baijnathpur, Police Station-Sourbazar (Baijnathpur O.P.) District-Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satish Kumar Singh, Advocate For the Opposite Party :

Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 413/414 of the Indian Penal Code and sections 25(1-b)a/26 of the Arms Act.

As per the prosecution case, one loaded country made pistol and a stolen black colour motorcycle have been seized from the possession of the petitioner.

Patna High Court CR. MISC. No.1706 of 2021(3) dt.04-05-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as the alleged recovery is planted by the police. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 13.2.2020 and charge sheet has already been submitted. Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner coupled with the fact that charge sheet has already been submitted, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Sourbazar Police Station Case No. 75 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.1706 of 2021(3) dt.04-05-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T