Patna High CourtCR. MISC./3812/2024bail granted

Nagi Mahto v. The State Of Bihar

2024-01-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3812 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Nagi Mahto Son of Suresh Mahto Resident of Village - Pakri Dumariya, P.S. - Dumariyaghat, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pipra P.S. Case No. 266 of 2023, instituted for the offences punishable under Sections 401, 413, 414 of the Indian Penal Code and Sections 25(1-b)a/ 26/ 35 of the Arms Act.

3. The prosecution case, in short, is that, during patrolling the police party saw a pick-up vehicle without registration number which was parked near Jahingra School. On seeing the police, accused persons started fleeing away but were apprehended by the police party. On search, a knife was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.3812 of 2024(2) dt.30-01-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. The petitioner has no any criminal antecdent as has been stated in paragraph no. 3 of the present bail application. Learned counsel for the petitioner further submits that no specific overt act is alleged against this petitioner. The petitioner has no concern with the said vehicle or with the recovered arms. The petitioner is languishing in judicial custody since 27.08.2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Pipra P.S. Case No. 266 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T