Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52306 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- MAHKAR District- Gaya ====================================================== Ashok Paswan, S/O Parichhan Paswan, resident of Vill.- Dariyapur, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahkar P.S. Case No. 91 of 2025 dated 15.04.2025 instituted for the offence punishable under Sections 25(1-B) a/26 of the Arms Act.

3. The allegation is of recovery of three live cartridges from the box of the bed of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has been implicated in this case due to enmity with local chaukidar. No incriminating articles has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.52306 of 2025(2) dt.11-08-2025 2/3 has no concern with the said recovery. Lastly, it has been submitted that the petitioner is in custody since 16.04.2025 having five criminal cases against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Gaya in connection with Mahkar P.S. Case No. 91 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he

Patna High Court CR. MISC. No.52306 of 2025(2) dt.11-08-2025 3/3 will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case.

(Khatim Reza, J) premchand/- U T