Lalo Paswan @ Lolo Paswan @ Lal Bahadur Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5817 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== LALO PASWAN @ LOLO PASWAN @ LAL BAHADUR PASWAN Son of Late Arjun Paswan Resident of Village- Khanjahanpur, Mahua Tola, P.S.- Cheria Bariarpur, Distt- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arjun Prasad, Adv.

For the Opposite Party :

Mr. Sakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-04-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(a-1), 25(1-AA), 25(1-b)A, 26(ii) of the Arms Act.

As per prosecution case, on getting secret information, the informant and other police officials raided the house of the petitioner and recovered one country made pistol, one empty cartridge, two cartridges and other utensils near a guava tree situated outside the Tati house of the petitioner. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.5817 of 2021(2) dt.15-04-2021 2/3 petitioner is innocent and has falsely been implicated in this case. The alleged recovery has not been made from conscious possession of the petitioner or from the house of the petitioner rather the same has been made from outside the Tati house of the petitioner. Petitioner carries criminal antecedent of one case bearing Cheria Bariarpur P.S. Case No. 105 of 2020 in which he has been granted bail. Petitioner is in custody since 17.09.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Cheria Bariarpur P.S. Case No. 104 of 2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.5817 of 2021(2) dt.15-04-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) shahzad/- U T