Shyamdeo Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.61375 of 2018 (3) dt.30-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61375 of 2018 Arising Out of PS.Case No. -95 Year- 2017 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ====================================================== Shyamdeo Paswan, Son of Late Brahm Deo Paswan, resident of VillageBerthu, P.S.- Karari Pasurai, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nagendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Petitioner is permitted to make necessary correction in paragraph 1 of the bail petition.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Karai Pasurai P.S. Case No. 95/2017 corresponding to Sessions Trial No. 12/2018, registered for the offences punishable under Sections 25(1-B)a, (1-A)a, 26 and 35 of the Arms Act.

Allegation is manufacturing illegal arms.

Earlier the application for grant of bail of the petitioner was rejected vide order dated 18.01.2018 passed in Cr. Misc. 712/2018 vide Annexure-1.

It has been submitted that petitioner has falsely been implicated in this case. He is father of co-accused Munna Paswan. Recovery of unfinished arms and other equipments are from

Patna High Court Cr.Misc. No.61375 of 2018 (3) dt.30-10-2018 possession of Munna Paswan.

Petitioner has no criminal antecedent. He is in custody since 08.10.2017.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist, Hilsa Nalanda in connection with Karai Pasurai P.S. Case No. 95/2017 corresponding to Sessions Trial No. 12/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T