Bablu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 56120 of 2017 Arising Out of PS.Case No. -589 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Bablu Paswan, S/o Daso Paswan, resident of Village- Ashoknagar, Pokharia, Ward No - 36, P.S.- Begusarai Town, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Ravindra Kumar, Advocate For the Opposite Party/s : Mr Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is accused in Begusarai Town Police Station Case No 589 of 2016 registered under Sections 26/26/35 of Arms Act.

Relying upon the statements made in paragraph 36 of the case diary, counsel for the petitioner submits that even after investigation, the alleged seized firearms have been found to be country made pistols. Relying upon the said paragraph, it is submitted that the petitioner has falsely been implicated in the case. Though there are certain other cases in which the petitioner has been made accused, as mentioned in paragraph 3 of the petition, it is submitted that while the petitioner has been acquitted in one case, in other cases, he is on bail. Petitioner is in custody in

Patna High Court Cr.Misc. No.56120 of 2017 (3) dt.18-12-2017 2/2 this case since 14.12.2016.'

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Begusarai Town Police Station Case No 589 of 2016 subject to the following conditions:

(1) 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.

(2) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

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

(Madhuresh Prasad, J) M.E.H./- U T