Chandu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63517 of 2017 Arising Out of PS.Case No. -454 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Chandu Paswan S/o Dilip Paswan, R/o Village- Ramjee Chak Bata, P.S.- Digha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.07.2017 in connection with Danapur P.S. Case No. 454 of 2017 for offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25 (1-B) A, 26, 35 of the Arms Act. The prosecution case, as lodged by the police personal, is that three persons were apprehended who named the petitioner and four others to have been conspiring to commit dacoity. From the possession of the petitioner one country made pistol with one live cartridge was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.63517 of 2017 (3) dt.12-02-2018 2/2 aforesaid case. He submits that no overt act has been committed and that charge sheet has been submitted.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case of similar nature is pending against him but of the year 2005.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 454 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Devendra/- U T