Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78035 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Subhash Paswan Son Of Late Ramlal Paswan Resident Of Village - Rejma, P.S. - Sheohar, District - Sheohar 2.

Narad Kumar @ Narad Paswan Son Of Late Ramlal Paswan Resident Of Village - Rejma, P.S. - Sheohar, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the State :

Mr. Dr. Ajeet Kumar, State ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Tariyani Chapra P.S. Case No. 55 of 2023 instituted for the offence under Sections 25(1-b)a/26/35 of the Arms Act. 3.

As per the First Information Report, one .315mm bore loaded country mate pistol was recovered from petitioner No. 1 and from petitioner No. 2, one loaded pistol was recovered.

4.

It has been submitted on behalf of the petitioners that the petitioner are in custody since 13-07-2023. Petitioner No. 1 bears six criminal antecedents and petitioner No. 2 bears

Patna High Court CR. MISC. No.78035 of 2023(2) dt.07-12-2023 2/3 three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. In fact, petitioners have no concern with the recovered arms. Charge-sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and fact that charge sheet has already been submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tariyani Chapra P.S. Case No. 55 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.78035 of 2023(2) dt.07-12-2023 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T