Patna High CourtCR. MISC./57798/2023allowed

Tunna Paswan @ Rakesh Paswan v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57798 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Tunna Paswan @ Rakesh Paswan S/O- Ramsundar Paswan Village- Bhiti PsMohania Dist-Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with two live cartridges and from the possession of other co-accused person, there has been recovery of one rifle along with cartridges.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to some dispute with the husband of co-accused person. He has no concern with the seized arms and ammunition. Moreover, he is languishing in

Patna High Court CR. MISC. No.57798 of 2023(3) dt.04-12-2023 2/2 judicial custody since 10.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Mohania P.S. Case No. 301 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Mohania, Kaimur at Bhabua.

(Sunil Kumar Panwar, J) Shubham/- U T