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Aazad Kumar Paswan v. The State of Bihar

Patna HC22 Nov 2022CR. MISC./43147/2022

Case brief

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What is this about?

The Patna High Court granted bail to the petitioner in a police case under the Arms Act. The court considered the custody period, grant of bail to co-accused, and submission of charge sheet before directing the petitioner to furnish a bail bond with conditions.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with two sureties, subject to conditions of cooperating in trial and refraining from tampering with evidence or witnesses.

Aazad Kumar Paswan Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43147 of 2022

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Arising Out of PS. Case No.-351 Year-2021 Thana- RAGHOPUR District- Supaul

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======================================================

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AAZAD KUMAR PASWAN Son of Shivachandra Paswan Resident of village- Belokhara P.S.- Pipra, District- Supaul

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Jha For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 22-11-2022 Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Supplementary affidavit has been filed on behalf

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of the petitioner. Let it be kept on record.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Raghorpur P.S. Case No. 351 of 2021 registered for the offences punishable under Section 25(1-b)a, 26, 35 of Arms Act.

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As per prosecution case, one loaded country made pistol alongwith one realme mobile was recovered from the possession of the petitioner.

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Learned counsel for the petitioner submits that petitioner is in custody since 17.12.2021.Learned counsel

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Patna High Court CR. MISC. No.43147 of 2022(2) dt.22-11-2022 2/3

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through supplementary affidavit submits that petitioner bears criminal antecedent of one case. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that Md. Furkan Khan and Pawan Kumar have already been granted bail vide Cr. Misc No. 35236 of 2022 and Cr. Misc No. 28277 of 2022 respectively by co-ordinate bench of this Court and the case of present petitioner stands more or less on similar footing.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, co-accused have already been granted bail by co-ordinate bench, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Birpur in the District of Supaul in connection with Raghorpur P.S. Case No. 351 of 2021, subject to following conditions:-

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Patna High Court CR. MISC. No.43147 of 2022(2) dt.22-11-2022 3/3

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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vashudha/-

Aazad Kumar Paswan v. The State of Bihar

Case brief

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Aazad Kumar Paswan v. The State of Bihar

Case brief

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