Bir Bahadur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28593 of 2015 Arising Out of PS.Case No. -264 Year- 2014 Thana -BARGANIA District- SITAMARHI ====================================================== Bir Bahadur Mahto son of Biju Mahto Resident of village - Akhata, P.S. - Bairgania, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody since 12.12.2014 in Bairginia P. S. Case no. 264 of 2014 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is that he and co-accused Umesh Shah were apprehended by the police and on the statement of the petitioner fire arms were recovered from the house of Umesh Shah.

It is submitted on behalf of the petitioner that no recovery has been made from the possession of the petitioner. The arms were recovered from the house of Umesh Shah, who has been granted bail vide Cr. Misc. no. 13784 of 2015 (Annexure-3).

Learned counsel for the State submits that petitioner has antecedent of similar nature.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be

Patna High Court Cr.Misc. No.28593 of 2015 (2) dt.11-08-2015 2 / 2 released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi/court concerned in Bairginia P.S. Case No. 264 of 2014 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T