Amit Paswan @ Amitabh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64988 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Amit Paswan @ Amitabh Paswan, aged about 35 years, Male, Son of Govind Paswan, R/O Vill.- Jhakharh (Mankatha), P.S.-Lakhisarai, District.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26(i) and 35 of the Arms Act.

As per the prosecution case, a country made rifle, a country made pistol and 12 live cartridges of .315 bore were recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got three other criminal cases and the petitioner is on bail in the said cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2021.

Patna High Court CR. MISC. No.64988 of 2022(2) dt.13-03-2023 2/2 Learned counsel for the petitioner further submits that co-accused Dharma Paswan has already been granted bail by the Co-ordinate Bench vide order dated 24.02.2023 passed in Cr. Misc. No. 66009 of 2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Jhajha P.S. Case No. 278 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) Arish/- U