Pranav Paswan @ Pranav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84018 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Pranav Paswan @ Pranav Kumar Son of Bijli paswan @ Yaduvir Paswan, Resident of Village- Pokhi, P.S.- Kusheshwar Asthan, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yatindra Narayan, Advocate.

For the Opposite Party/s :

Mr. Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with K. Asthan P.S. Case No.146 of 2021, registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, informant received information that one Rakesh Kumar Yadav alongwith his crime partners is planning to commit some serious offence. Having received the information, the informant alongwith his associates reached at the house of Hore Ram Yadav at village Larni and surrounded the house. Having seen the police one co-accused fled away and four accused persons were caught and during

Patna High Court CR. MISC. No.84018 of 2023(2) dt.19-01-2024 2/3 search two country made loaded pistol and a Mobile set were recovered from the possessions of accused persons.

4. Learned counsel for the petitioner submits that petitioner is a student who is innocent and falsely been implicated in this case. He further submits that petitioner was not arrested on the spot but his name transpired during the confessional statement of the co-accused and there is no recovery from the conscious possession of petitioner. He also submits that the petitioner has two criminal antecedent in which he is on bail and charge sheet has already been submitted against the petitioner and there is no chance of absconding the petitioner or tampering with the evidence by him. Petitioner is in custody since 19.07.2023 in this case.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. F.C., Biraul, Darbhanga in connection with K. Asthan P.S. Case No.146 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.84018 of 2023(2) dt.19-01-2024 3/3 (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T