Banta Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69694 of 2021 Arising Out of PS. Case No.-22 Year-2014 Thana- NTPC KHAIRA District- Aurangabad ====================================================== BANTA PASWAN Son of Gopi Paswan Resident of Village - Jujhar Sikni (Ward No.- 10), P.S.- Husainabad, District - Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with N.T.P.C. Khaira P.S. Case No. 22 of 2014 for the offence registered under Sections 25(1-B)a, 26 and 35 of the Arms Act. The case of the prosecution in brief is that the informant along with other police personnel were on patrolling duty and were searching for an absconded accused person, when they got information that some criminals were going towards Navinagar on a Tata Sumo Victa vehicle and on the said information they had intercepted one Sumo vehicle and apprehended three persons whereafter arms, cartridges ete. were recovered, however, certain miscreants had managed to flee away and upon interrogation of the apprehended accused

Patna High Court CR. MISC. No.69694 of 2021(2) dt.09-06-2022 2/3 persons it transpired that the petitioner and others were the persons who had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 15.02.2021. The learned counsel for the petitioner has filed a supplementary affidavit mentioning therein that the petitioner is an accused in three other cases but he is on bail in the said three cases. The learned counsel for the petitioner has further submitted that only on account of his bad antecedent, the petitioner has been falsely implicated in the present case and the fact is that neither the petitioner has been apprehended from the spot nor any arms/cartridges have been recovered from his possession. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein apart from the fact that the petitioner has neither been arrested from the spot nor any arms/cartridges have been recovered from his conscious possession, I deem it fit and

Patna High Court CR. MISC. No.69694 of 2021(2) dt.09-06-2022 3/3 proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned C.J.M., Aurangabad in connection with N.T.P.C. Khaira P.S. Case No. 22 of 2014.

(Mohit Kumar Shah, J) S.Sb/- U T