Patna High CourtCR. MISC./79803/2023bail granted

Abhishek Paswan @ Abhishek Kumar @ Chhotu v. The State Of Bihar

2023-12-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79803 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== ABHISHEK PASWAN @ ABHISHEK KUMAR @ CHHOTU Son of Raja Ram Paswan Resident of Village - Fardi, P.O.- Nonpur, P.S.- Teghra (Teghara), District - Begusarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seek regular bail in connection with Town P.S. Case No. 659 of 2022 pending in the Court of ACJMIV, Buxar instituted for the offences punishable under Sections 255, 260, 484, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code and Section 25(1-b), a, 25(1A), 26 and 35 of the Arms Act.

It is a case of recovery of some arms and fake license gun from the possession of co-accused Dharmendra Paswan wherein he has stated that he had purchased the same from the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.79803 of 2023(2) dt.08-12-2023 2/2 petitioner has falsely been implicated in this case. He further submits that there is no recovery from the possession of the petitioner, petitioner has got clean antecedent and he is in custody since 05.08.2023. He further submits that co-accused, namely, Dharmendra Paswan from whom the said arms and fake license have been recovered, has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No.13151 of 2023 vide order dated 20.06.2023.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as the fact that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court, let the above named petitioner 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 learned CJM, Begusarai in connection with Town P.S. Case No.659 of 2022.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U