Naresh Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.13114 of 2016 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13114 of 2016 Arising Out of PS.Case No. -146 Year- 2004 Thana -SALKHUA District- SAHARSA ====================================================== Naresh Mahto S/o Saudagar Mahto @ Latan Mahto resident of village - Chanan, P.S. Salakhua, District - Saharsa .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Uday Chandra Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-04-2016 Heard.

Petitioner was accused in Salakhua P.S.Case No.146 of 2004 and the informant and other police officials had gone to nab him but petitioner having illegal rifle in his hand managed to escape from there. Thereafter, informant and other police officials raided a hut situated adjacent to the house of the petitioner and from the aforesaid hut a mini-gun factory was unearthed and five persons were caught.

Contention on behalf of the petitioner is that the aforesaid recovery has not been made either from the conscious possession of the petitioner or from his house and as a matter of fact, petitioner has been implicated by the informant only because he could not nab the petitioner.

Patna High Court Cr.Misc. No.13114 of 2016 (2) dt.01-04-2016 Considering the aforesaid facts and circumstances as well as submission on behalf of the parties, 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 CJM, Saharsa in Salakhua P.S.Case No.146 of 2004.

(Hemant Kumar Srivastava, J) B.Kr./- U T