Golu Paswan @ Sudama Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73714 of 2023 Arising Out of PS. Case No.-288 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Golu Paswan @ Sudama Paswan, aged about 24 years, Gender-Male, Son of Brahmdev Paswan, Resident of Village- Loknathpur Ganj, Ward No. 24, P.S. Dalsingh Sarai, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dalsinghsarai PS Case No. 288 of 2023 instituted for the offences punishable under Sections 25(1-b) a, 26, 35 of the Arms Act

3. As per the prosecution case, one loaded country made pistol has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the first information report, seizure list and impugned order of the learned Sessions Judge, Samastipur Camp at Dalsingsarai, dated 24.08.2023, it appears that according to the self statement of the

Patna High Court CR. MISC. No.73714 of 2023(4) dt.19-02-2024 2/2 informant, both witnesses of the seizure list are official witness. Petitioner is in custody since 17.07.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st DalsinghSarai at Samastipur in connection with Dalsinghsarai PS Case No. 288 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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