Amod Kumar Paswan @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1801 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== AMOD KUMAR PASWAN @ VICKY SON OF SRI CHANARDHAN PASWAN R/O. VILLAGE KATHPA, P.S.- AMBA, DISTT.- AURANGABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 23.08.2020 in connection with Madanpur P.S. Case No. 185/2020 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, on secret information that some persons are moving at Madanpur block with country-made pistol, a raid was conducted and three persons were apprehended on the spot and on search, one loaded countrymade pistol along with one live cartridge have been recovered from the possession of this petitioner.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. It is further

Patna High Court CR. MISC. No.1801 of 2021(2) dt.04-03-2021 2/2 submitted that nothing has been recovered from the possession of this petitioner. Chargesheet has already been submitted in this case. Petitioner has got clean antecedent and he is in judicial custody since 23.08.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate , Aurangabad, in connection with Madanpur P.S. Case No. 185/2020, subject to 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Saif/- U T