Raja Paswan @ Tula Paswan @ Fulo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46988 of 2018 Arising Out of PS.Case No. -112 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Raja Paswan @ Tula Paswan @ Fulo Paswan Son of Sakaldev Paswan@ Sahdeo Paswan Resident of Village- Dandari, P.S. Dandari, DistrictBegusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 Heard the parties.
Petitioner seeks bail in Sessions Trial No.86/17 arising out of Sahebpur Kamal P.S.Case No.112 of 2016 registered for the offences under Sections 414 of the I.P.C. and Sections 25(1-A), 25(1-b)a, 26 of the Arms Act.
Allegation against the petitioner is of recovery of country made pistol from the possession of the petitioner and further he has criminal antecedent and he is accused in three other cases. It further appears that earlier prayer for bail was rejected by the then co-ordinate bench of this Court vide order dated 03.05.2018 passed in Cr.Misc.Misc. No.26257 of 2018 with direction to the trial court to conclude the trial within two months fixing the case on day to day basis and if the trial does not
Patna High Court Cr.Misc. No.46988 of 2018 (2) dt.19-09-2018 2/2 conclude within the stipulated period, the petitioner may renew his prayer for bail. It has further submitted that up-till now the case is pending for evidence of two witnesses at the time of earlier bail application and he is in custody since 16.07.2016. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.D.J. 1st , Begusarai, in S.Tr.No.86/17 arising out of Sahebpur Kamal P.S. Case No.112 of 2016 subject to the conditions that (1) one of the bailors must be father or mother of the petitioner. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in disposal of the trial and make himself available as and when required by the trial court, otherwise, his bail bond shall be cancelled.
(Vinod Kumar Sinha, J) AnilKrSinha/- U