Abhishek Kumar @ Abhishek Paswan @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41072 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== Abhishek Kumar @ Abhishek Paswan @ Raja Son of Doman Paswan Resident of village- Choraut, Ward No.2, P.S.- Choraut, District- Sitamarhi, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Nandan Thakur, Adv.

For the Opposite Party/s :

Ms. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Pupari P.S. Case no. 332 of 2019 (G.R. No.1266 of 2019) registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the F.I.R., on a raid being conducted the petitioner along with others were caught while some accused persons managed to escape. It is stated that on search a live cartridge was recovered from the possession of the petitioner while two empty cartridges were also recovered from his possession.

Patna High Court CR. MISC. No.41072 of 2020(2) dt.16-03-2021 2/2 It is submitted by learned counsel for the petitioner that the allegation of recovery are false and concocted. He has been falsely implicated in the case only because of his antecedents. He is in custody since 10.8.2019. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has four other criminal cases pending against him.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the period in custody, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Pupari P.S. Case no. 332 of 2019 (G.R. No.1266 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi.

(Partha Sarthy, J) Bibhash/- U T