Amarnath Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53392 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== AMARNATH PASWAN Son of Ram Lal Paswan R/V- Raypur Bujurg, P.SSarairanjan, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 25(1-AAA), 26, 35 of the Arms Act.

Prosecution case, in short, is that one black 9 mm carbine and two magazines are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.06.2022 and has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court CR. MISC. No.53392 of 2022(2) dt.16-12-2022 2/2 implicated in the present case. No arms is said to have been recovered from the possession of the petitioner. The petitioner has been made accused due to mistake of fact. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Samastipur in connection with Tajpur (Halai O.P.) P.S. case No.299/2022. (Sudhir Singh, J) Narendra/- U T