Uchit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33632 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -HATHIDAH District- PATNA ====================================================== Uchit Paswan S/o Biranchi Paswan, R/o Gosaigaon, P.S.- Ghoshwari, District- Patna at present R/o Dharmpur Bata Mor, P.S.- Hathidah, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 25.09.2017 in connection with Hathidah P.S. Case No. 66 of 2017 for the offence registered under Sections 399, 402 of the Indian Penal Code and Section 25 (1-b) a 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that only on the basis of suspicion that the petitioner was planning to commit docoity, the petitioner has been taken into custody and it has been alleged that one loaded country-made pistol with two live cartridges were recovered from his possession. It is further submitted that the alleged recoveries were not made from the conscious possession of the petitioner and so far as the antecedents

are concerned, learned counsel for the petitioner submits that the said cases are very old and the petitioner has already been granted bail and the case in which the petitioner has been remanded is of the year, 1917, subsequent to his arrest in connection with the present case. He further submits that the petitioner is ready to abide by all the terms and conditions imposed by this court. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.,- cum-Sub Judge-IV, Barh, District Patna in connection with Hathidah P.S. Case No. 66 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two

consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T