The High Court at Patna granted regular bail to the petitioner, a co-accused in a case involving recovery of arms and fake licenses, citing that a similarly situated co-accused had already obtained bail.
Petitioner released on bail on furnishing a bail 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.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
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
2 issues framed by the court
Whether the petitioner should be granted bail in connection with the recovery of arms and fake licenses.
Whether the grant of bail to a similarly situated co-accused is a relevant consideration.
Abhishek Paswan
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
