Mukesh Saw @ Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12581 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Mukesh Saw @ Mukesh Sah Son of Sudhir Saw Resident of Devghara, P.S.- Medni Chowki, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Medini Chowki P.S. case No. 109 of 2023 (Sessions Trial No. 303 of 2023) instituted for the offences under Sections 25(1-b)A, 26(i) (ii), 25(1-A), 25(1-AA), 25(1-AC) and 35 of the Arms Act.

3. Prosecution allegation, in short, is that the acccused persons including the petitioner were involved in the manufacturing of arms and thereafter they used to sale and purchase of arms. It is further alleged that the petitioner was a mechanic. Materials used in the manufacturing of arms were recovered.

Patna High Court CR. MISC. No.12581 of 2024(2) dt.01-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery or with the co-accused persons. There is no independent witness of the alleged seizure. The petitioner is in custody since 18.07.2023 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. Co-accused persons have been granted bail by a Coordinate Bench of this Court vide order dated 10.01.2024 passed in Cr. Misc. No. 84973 of 2023.

5. Learned A.P.P. 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, the period of custody undergone by the petitioner and the claim based on parity, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Medini

Patna High Court CR. MISC. No.12581 of 2024(2) dt.01-03-2024 3/3 Chowki P.S. case No. 109 of 2023 (Sessions Trial No. 303 of 2023).

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