Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2377 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== Dilip Mahto, Son of Sri Chandrashekhar Mahto, Resident of Deshari Karakh, Ward No. 18, P.S. Bibhutipur, Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Verma, Adv.

For the Opposite Party/s :

Mr. Asharaf Ansari (App 86) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.06.2018 in a case registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. The prosecution case is that from the possession of the petitioner one country made pistol and four live cartridges were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is languishing in custody for more than seven months. The petitioner is also accused in one other case being Bibhutipur P.S. Case No.175 of 2018, registered for the offences punishable under Section 395 of the I.P.C., in which he is on bail, but statement to that effect has not been made in the

Patna High Court Cr.Misc. No.2377 of 2019(2) dt.21-01-2019 2/2 petition.

It is submitted by the learned APP for the State that the recovery has been made from the petitioner. Considering the nature of recovery and period of custody, 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 the learned A.C.J.M. 1st, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 176 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T