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2025 DAILYLAW 39731 (PAT)

Ramji Paswan v. The State of Bihar

CR. MISC./27938/2025 · 2025-05-07

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27938 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- LAHERIMUHALLA District- Nalanda ====================================================== 1. Ramji Paswan Son of Late Ramashray Paswan Resident of Adari PS -Uphara, Dist- Aurangabad 2. Satyendra Paswan son of Ramjanam Paswan Resident of Mohalla - Naurnga, Ps- Debkund, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 07-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Laheri P.S. Case No. 49 of 2025, registered for the offences under Sections 318(2), 319(2), 338, 336(3), 340(2) of the B.N.S. and Section 25(1-B)(a), 26, 35 of the Arms Act. 3. As per the prosecution case, petitioners were apprehended carrying firearms on fake licenses. 4. Learned counsel appearing on behalf of the petitioners submit that the petitioners are innocent and have been falsely implicated in this case. Petitioners have been working as security guard with one M. Security Agency and the Patna High Court CR. MISC. No.27938 of 2025(2) dt.07-05-2025 2/3 licenses and arms were provided by the owner of the security agency. The petitioners have no knowledge that the arms licenses were fake as they are illiterate persons. In fact they have been cheated by the owner of the M. Security Agency. There is no allegation that the petitioners used the firearms to threaten or to commit any offences. The petitioners are in custody since 29.01.2025 and they have no criminal antecedent. Charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners. Learned A.P.P. submits that petitioners were carrying firearms with fake licenses. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda Bihar Sharif/concerned court, in connection with Laheri P.S. Case No. 49 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: Patna High Court CR. MISC. No.27938 of 2025(2) dt.07-05-2025 3/3 (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T