Parsant Paswan @ Jhaman @ Jhamman Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62453 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- BELCHHI District- Patna ====================================================== PARSANT PASWAN @ JHAMAN @ JHAMMAN PASWAN son of Jawahar Paswan @ Javahar Paswan Village- Basanpur Ps- Rahua Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar, Adv For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Belchhi P.S. Case No. 41 of 2022 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3.

The informant has received intimation regarding some antisocial elements blocking the road with firearms. One co-accused namely, Siya Ram Paswan, has been apprehended, and one loaded country made pistol and live cartridge have been recovered.

4.

It is submitted by learned counsel for the petitioners that other than statement of apprehended, Siya Ram Paswan, there is no material to suggest petitioner's presence at

Patna High Court CR. MISC. No.62453 of 2023(2) dt.16-10-2023 2/3 the place of occurrence, let alone his participation in the offence. One case arising out of Belchhi P.S. Case No. 82 of 2019 is still pending against the petitioner and the same has formed the basis of his name being dragged in this case without any basis. None has sustained any firearm injury.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, the fact that petitioner's implication is based on statement of co-accused in custody as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. 7.

Prayer for bail of the petitioner is allowed. 8.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Belchhi P.S. Case No. 41 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

Patna High Court CR. MISC. No.62453 of 2023(2) dt.16-10-2023 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T