Bitu Paswan @ Manjhila @ Manjhil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68066 of 2021 Arising Out of PS. Case No.-326 Year-2021 Thana- DUMRAO District- Buxar ====================================================== Bitu Paswan @ Manjhila @ Manjhil Paswan S/O Dadan Paswan R/o villageNandan, P.S.- Dumraon, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Dumraon P.S. Case No.326 of 2021 instituted under Sections 399, 400, 401, 402, 412 of the Indian Penal Code and 25(1-B)a, 26, 35 of Arms Act.

As per the prosecution story on 18.08.2021 the police caught hold of accused persons and upon search it is alleged that amongst other, from this petitioner, a countrymade revolver, a live cartridge and Rs.5200/- were recovered/seized. From other accuseds, different seizures were made. Accordingly, they were arrested and the FIR as such came to be instituted. Learned counsel for the petitioner submits that charge

Patna High Court CR. MISC. No.68066 of 2021(2) dt.17-05-2022 2/3 sheet has already been submitted and he is in jail since 18.08.2021 (as stated in para-10 of the bail application). He further submits that he is ready to abide by any condition, if released on bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Dumraon P.S. Case No.326 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.68066 of 2021(2) dt.17-05-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T