Patna High CourtCR. MISC./61297/2023allowed

Shailesh Paswan v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61297 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- DHANARUA District- Patna ====================================================== Shailesh Paswan Son Of Late Mahendra Paswan Resident Of VillageZiyauddinchak, Po- Bir, Ps- Dhanarua, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a, 26 and 35 of the Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from whose possession one country made pistol and 13 live cartridges were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police. The petitioner has no concern with the alleged recovery and Section 100 of the Cr.P.C. has not been

Patna High Court CR. MISC. No.61297 of 2023(2) dt.15-09-2023 2/2 followed while preparing the Seizure List. It is further submitted that the petitioner is languishing in judicial custody since 14.06.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhanarua P.S. Case No. 106 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna.

(Sunil Kumar Panwar, J) Subham/- U T