The Patna High Court granted bail to the petitioner, who was in remand custody, in a case involving offences under sections of the IPC and Arms Act, allowing release after framing of charges upon meeting bail conditions.
Petitioner released on bail after framing of charge by furnishing bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29846 of 2023
Arising Out of PS. Case No.-74 Year-2019 Thana- SIMRI District- Darbhanga
======================================================
NITISH KUMAR PASWAN @ MITA Son of Hari paswan R/V- Chhiterpatti, P.S- Minapur Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mahesh Prasad,Adv. For the Opposite Party/s : Mr.Lalan Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 13-06-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Simri P.S. Case No. 74 of 2019 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code read with Sections 25(1-b) (a), 26, 35 of the Arms Act.
As per prosecution case, on secret information, informant alongwith other police officers proceeded towards NH 57 near village Moglaha alongwith police armed party. It is further alleged that two motorcycles without bearing registration number, coming from Muzaffarpur side and two persons were sitting on each motorcycle and after seeing the police, they tried to flee away in the opposite direction, thereafter, they were chased and apprehended by the police. It is further alleged that
Patna High Court CR. MISC. No.29846 of 2023(2) dt.13-06-2023 2/4
apprehended co-accused disclosed their name as Radhey @ Arjun, Anish Kumar, Vishal Kumar and Deepak Kumar. It is further alleged that upon search, one mobile phone as well as country made pistol alongwith one live cartridge were recovred from the possession of apprehended co-accused Radhey @ Arjun and one country made pistol alongwith two live cartridges were recovered from the possession of apprehended co-accused Anish Kumar.
Learned counsel for the petitioner submits petitioner is not named in FIR and his name has been transpired in this case upon the confessional statement of co-accused Radhe @ Arjun. Except this, there is nothing on record to demonstrate the complicity of the petitioner with the alleged occurrence. He further submits that petitioner is quite innocent and he has committed no offence as alleged against him in FIR and he has falsely been implicated in the present case as he bears criminal antecedent of eighteen cases. He further submits that petitioner is in custody since 30.06.2019. Learned counsel for the petitioner orally submits that petitioner has been named in this case by way of supplementary charge sheet which is filed after three years.
The learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.29846 of 2023(2) dt.13-06-2023 3/4
for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, 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, after framing of charge on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM- IV, Darbhanga in connection with Simri P.S. Case No. 74 of 2019, subject to following conditions:-
(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.
(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.
(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.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall
Patna High Court CR. MISC. No.29846 of 2023(2) dt.13-06-2023 4/4
continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
alok/-
U T
1 issue framed by the court
Whether petitioner shall be released on bail after framing of charges in a case involving offences under IPC Sections 413 and 414/34 and Arms Act.
2 provisions across 2 enactments
Nitish Kumar Paswan @ Mita
The State of Bihar
Alo Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
