Dablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56058 of 2021 Arising Out of PS. Case No.-780 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== DABLU PASWAN Son of Late Baudhi Paswan Resident of Village - Sardarpur, P.S. - Madhusudanpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Masleh Uddin Ashraf, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 780 of 2020 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act.

Recovery is of one loaded country made pistol from the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.56058 of 2021(2) dt.27-01-2022 2/3 implicated in this case. In fact, according to the F.I.R and the seizure list, the alleged one loaded country made pistol has been shown to be recovered from the house of the petitioner which is a joint owned property. No occurrence has been committed by the petitioner. He further submits that for the alleged recovery, the petitioner has sufficiently been punished as he is rotting in judicial custody since 06.04.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 780 of 2020 with 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

Patna High Court CR. MISC. No.56058 of 2021(2) dt.27-01-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T