Anandi Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.2183 of 2021 Arising Out of PS. Case No.-70 Year-2020 Thana- KINJAR District- Jehanabad ====================================================== ANANDI PASWAN S/o Ugrah Paswan @ RAm Anugrah Paswan R/o Village- Nirakhpur, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Pd. Singh, Sr. Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Kinjar P.S. Case No. 70 of 2020 registered for the offences punishable under Section 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution story, the informant alleged that at the time of assembly election for the purpose of fair election a raid was conducted against the absconding accused and accordingly the raid was conducted in the house of the petitioner and a country made pistol with two live cartridges were recovered in the bed-room of the petitioner and accordingly seizure list was prepared.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.2183 of 2021(5) dt.06-07-2021 2/3 petitioner has been falsely implicated in this case, he is in custody in connection with this case since 12.10.2020. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner is said to have been arrested with one country made pistol and two live cartridges, he has remained in custody for eight months, investigation against him is complete but the trial is not likely to be taken up in near future, petitioner is said to be on bail in the four cases pending against him, in the circumstances this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - III, Arwal, in connection with Kinjar P.S. Case No. 70 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.2183 of 2021(5) dt.06-07-2021 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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) Rajeev/- 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'.