Patna High CourtCR. MISC./9406/2024allowed

Amarjeet Mahto v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9406 of 2024 Arising Out of PS. Case No.-389 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Amarjeet Mahto S/o Chamru Mahto @ Chandradev Mahto R/o Vill - Karaitanr, P.S. - Bakhri, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

3. As per FIR, co-accused person namely, Azad Kumar was apprehended when he tried to fire upon the informant but it did not hit anyone. On search one live cartridge was recovered from his possession, he also confessed name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.9406 of 2024(2) dt.20-02-2024 2/2 committed no offence. He has falsely been implicated in this present case merely on the basis confessional statement of coaccused, Azad Kumar which is not admissible in the eye of law. The petitioner has no concern with the alleged recovery nor he was apprehended on the spot. It is further submitted that the petitioner is languishing in judicial custody since 26.12.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhri P.S. Case No. 389 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Begusarai.

(Sunil Kumar Panwar, J) Manishkr/- U T