Hanuman Paswan @ Bajrangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77828 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Hanuman Paswan @ Bajrangi S/o- Surendra Paswan @ Suven Paswan @ Suben Paswan Vill- Bhaddi ward No 20 PS -Patarghat District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2024 Heard Mr. Amarnath Jha, learned counsel for the Petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

2. Petitioner seeks regular bail in connection with Patarghat P.S. Case No. 126 of 2024, dated 19.06.2024 registered for the offences punishable under Sections 25(1B)(a), 26 and 35 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and as per allegation, a loaded Musket (fire-arm) with a live cartridge were recovered from the house of this petitioner but the said recovery was not from the conscious possession of this petitioner and further, the offences for which the petitioner has been chargesheeted are triable by the First Class Magistrate. He

Patna High Court CR. MISC. No.77828 of 2024(2) dt.22-11-2024 2/2 is languishing in jail since 19.06.2024 and most of the witnesses including the witnesses of seizure who are to be examined, are official persons, so there is no chance of tampering with the witnesses, if the petitioner is released on bail.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Heard both the sides. Though the instant matter relates to the recovery of fire-arms from the house of this petitioner, however, considering the period of custody, completion of investigation against him and mainly the fact that most of the important witnesses are official persons, in my opinion, the petitioner deserves to the privilege of bail at this stage. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Patarghat P.S. Case No. 126 of 2024.

(Shailendra Singh, J) Guddu/- U T