Dablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.56843 of 2021 Arising Out of PS. Case No.-334 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== Dablu Paswan, S/O Sanichar Paswan, R/o village- Jagarnathpur, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Paswan, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-04-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Kudhani P.S. Case No.334 of 2021 registered for the offences punishable under Section 414/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. He is in custody since 11.05.2021. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that, as per the prosecution story, one pistol and one cartridge was allegedly

Patna High Court CR. MISC. No.56843 of 2021(2) dt.15-04-2022 2/3 recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 11.05.2021 having no criminal antecedent. Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that for the recovery of one pistol and one cartridge allegedly from the possession of the petitioner, he has remained in custody for about one year, still the trial has not progressed and the petitioner has got no criminal antecedent, his presence may also be secured in course of trial, in the circumstances, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Muzaffarpur (West) in connection with Kudhani P.S. Case No.334 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.56843 of 2021(2) dt.15-04-2022 3/3 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. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.