Dharamvir Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47581 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- DHANARUA District- Patna ====================================================== Dharamvir Paswan Son of Late Mahendra Paswan R/O Vill.- Jiyauddinchak, P.O.- Bir, P.S.- Dhanarua, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per prosecution case, the co-accused Shailesh Paswan and Raju Paswan are alleged to have been apprehended by police and from their possession, some arms along with mobile phones have been recovered. Apprehended co-accused disclosed the name of the petitioner as their associates.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of disclosure of co-accused persons who were apprehended on spot. The
Patna High Court CR. MISC. No.47581 of 2024(2) dt.12-07-2024 2/2 petitioner has no concern with the alleged recovery or with the co-accused persons. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 14.9.2023. Other co-accused Raju Paswan has already been enlarged on bail by this Court vide order dated 17.10.2023 passed in Cr. Misc. NO. 65525 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhanarua P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, Patna. (Sunil Kumar Panwar, J) amandeep/- U T