Dular Chand Paswan @ Ram Dular Paswan @ Ram Dularu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58943 of 2021 Arising Out of PS. Case No.-353 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== DULAR CHAND PASWAN @ RAM DULAR PASWAN @ RAM DULARU PASWAN S/o Late Ram Balak Paswan Resident of Village- Sagahi, P.S.- Gurua, Sherghatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned A.P.P. for the State. The petitioner seeks bail in connection with Sherghati P.S. Case No. 353 of 2020 instituted for the offences under Sections 399, 402 and 120(B) of the Indian Penal Code read with Section 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 15.04.2021, charge-sheet has been submitted in the case and has antecedent of two cases and allegation is of recovery of two loaded countrymade pistol from Bali Bhuiyan @ Rambali Bhuiya and Manoj Yadav. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot and as such, nothing

Patna High Court CR. MISC. No.58943 of 2021(2) dt.08-03-2022 2/2 was recovered from his house and his name was disclosed by Bali Bhuiyan @ Rambali Bhuiya, it is submitted that confession before the police has no evidentiary value.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.04.2021, charge-sheet has been submitted in the case and was not arrested from the spot and name came in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sherghati, Gaya in connection with Sherghati P.S. Case No. 353 of 2021. (Satyavrat Verma, J) Jagdish/- U Y