Subhash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83367 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== 1.

SUBHASH PASWAN Son of Late Ramlal Paswan Resident of villageRejma, P.S- Sheohar, District-Sheohar 2.

Narad Kumar @ Narad Paswan Son of Late Ramlal Paswan Resident of village- Rejma, P.S- Sheohar, District-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under sections 25(1B)a, 26 and 35 of the Indian Penal Code.

3. As per allegation in the FIR, on getting information that someone has received firearm injury at Sheohar Bazar and received injury, police reached there and admitted the injured to Sheohar Government hospital. On search, one country made katta and six empty cartridges as well as one white colour Apache motorcycle have been recovered. Three accused persons were apprehended by

Patna High Court CR. MISC. No.83367 of 2023(3) dt.19-03-2024 2/3 Tariyani Chapra Police. Upon search, one country made loaded katta was recovered from left waist of petitioner no. 1 and loaded pistol with three live cartridges were recovered from left waist of petitioner no. 2. They confessed their involvement in committing the alleged crime.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The alleged recovery is planted one by the police officials. After investigation, police has submitted charge sheet. Petitioner is languishing in judicial custody since 4.8.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.83367 of 2023(3) dt.19-03-2024 3/3 Additional Chief Judicial Magistrate-I, Sheohar in connection with Sheohar P.S. Case No. 180 of 2023. (Sunil Kumar Panwar, J) sushma/- U