Upendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.467 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Upendra Paswan, son of Late Ram Kishun Paswan, resident of VillageHussepur Dabandhe, P.S. Sahebganj, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Paroo P.S. Case No. 196 of 2017 registered for the offence punishable under Sections 399, 400, 402, 414/34 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act. Informant is S.I. of P.S. Paroo and in his self statement has stated that he alongwith other police personnel went on night patrolling duty and when they reached village Kamalpura they saw that some persons are coming on the magic vehicle, they gave signal to stop, thereafter they stopped the vehicle. Upon search in the presence of two independent witnesses some articles were search and seized.

Patna High Court Cr.Misc. No.467 of 2018 (2) dt.18-01-2018 2/2 Learned counsel for the petitioner submitted that petitioner is quite innocent and has been falsely implicated in this case. It has been further submitted that from perusal of the FIR as well as seizure list nothing has been recovered from the petitioner and also from perusal of the FIR it appears that one country made loaded pistol and one cartridge have been recovered from the possession of Ramayan Mahto. It has further been submitted that similarly situated co-accused namely, Subhash Nat has been granted bail by a Coordinate Bench of this Court vide order dated 20.11.2017 passed in Cr. Misc. No. 55018 2017. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 23.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge 3rd-Cum-A.C.J.M., 3rd, Muzaffarpur, in connection with Paroo P.S. Case No. 196 of 2017. (S. Kumar, J) veena/- U T