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Patna High CourtCR. MISC./53220/2024bail granted

Arjun Paswan v. The State Of Bihar

2024-11-22Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53220 of 2024 Arising Out of PS. Case No.-157 Year-2017 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Arjun Paswan, Son of Lalbabu Paswan, Resident of village- Ghataro Middle (Pipariya Tola) PS -Kartahan District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv. with Ms. Bela Singh, Adv.

For the State :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 10, 11, 13, 18B, 90 of the U.P.A. Act and Sections 25(1-b)a and 26 of the Arms Act, registered in connection with Industrial Area P.S. Case No. 157 of 2017.

3. As per prosecution case, a country-made loaded

Patna High Court CR. MISC. No.53220 of 2024(3) dt.22-11-2024 2/3 pistol has been recovered from the possession of co-accused Chandan Gupta @ Subhash Gupta @ Chandan Jee @ Chandan.

4. At the very outset, learned Senior counsel for the petitioner submits that no incriminating article was recovered from the possession of the petitioner. The name of the petitioner has come on the basis of confessional statement of co-accused Chandan Gupta @ Subhash Gupta. He further submitted that the co-accused from whose possession a loaded country-made pistol was recovered, has already been granted bail by a Coordinate Bench vide order dated 20.04.2018 passed in Cr. Misc. No. 21983 of 2018. The case of the petitioner is on better footing than that of the said co-accused. The petitioner is in custody since 23.02.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case as also the fact that the other co-accused has already been granted bail, let the petitioner, above-named, 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 J.M. 1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 157 of 2017, subject to the

Patna High Court CR. MISC. No.53220 of 2024(3) dt.22-11-2024 3/3 condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T