Ramesh Paswan @ Bittu @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54433 of 2019 Arising Out of PS. Case No.-562 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Ramesh Paswan @ Bittu @ Ramesh Kumar Son of Jagdish Paswan Resident of Village - Gaddopur, P.S.- Bangra, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 25/26/35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is recovery of one country made pistol and two live cartridges from the petitioner's possession. Petitioner is in custody in the instant case since 15.12.2018. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Similarly situated co-accused Pawan Kumar has already been allowed bail by a bench of this Court vide order dated 4.4.2019, passed in Cr.Mis.No. 20963/2019. In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.54433 of 2019(3) dt.25-10-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate IV, Muzaffarpur in Sakra Police Station Case No. 562 of 2018 on 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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T