Anuj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75457 of 2024 Arising Out of PS. Case No.-341 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Anuj Paswan S/o Surya Dev Paswan R/o Village- Baur, PS- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rupa Kumari, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Rafiganj P.S. Case no. 341 of 2024 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on secret information was received to the effect that one Vikram Kumar had come at the house of the petitioner with a country made pistol, a raid was conducted. Seeing the police personnel, the petitioner escaped, however the aforesaid Vikram Kumar was taken into custody. On inquiry the said Vikram Kumar disclosed that he had hidden the country made pistol and on searching the said place as disclosed by the said Vikram Kumar, a country made pistol was recovered.

Patna High Court CR. MISC. No.75457 of 2024(2) dt.14-11-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. The only recovery alleged in the F.I.R is at the instance of co-accused Vikram Kumar. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the only recovery of the country made pistol being at the instance of coaccused Vikram Kumar and the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rafiganj P.S. Case no. 341 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Aurangabad, Bihar. (Partha Sarthy, J) Harsh/- U T