Shashi Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6643 of 2017 Arising Out of PS.Case No. -181 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== Shashi Mahto, S/o Umesh Mahto, resident of village - Lakshamipur, Police Station Rosera, District - Samastipur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with S.T. No. 406 of 2015, arising out of Rosera P.S. Case No.181 of 2014, Rosera P.S. Case No.182 of 2014 and Rosera P.S. Case No.183 of 2014, registered under Section 25(1-B)A, 26 and 35 of the Arms Act, Sections 399 and 402 of Indian Penal Code and Section 25(1-B)A, 26 and 35 of the Arms Act and Section 384, 386, 387 and 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of Sessions Judge, Rosera at Samastipur.
Learned counsel appearing on behalf of the petitioner submits that, in fact, petitioner was apprehended along with one Sanjay Giri and one country made pistol was recovered from the possession of the petitioner and one country made pistol was recovered from the possession of Sanjay Giri regarding which Rosera P.S. Case
Patna High Court Cr.Misc. No.6643 of 2017 (3) dt.12-04-2017 2/2 No. 181 of 2014 was instituted and on the basis of the confessional statement of petitioner and his associate Sanjay Giri, six persons were also apprehended at the time of making plan of committing robbery regarding which Rosera P.S. Case No.182 of 2014 was instituted under Section 399 and 402 of the I.P.C. and Section 25(1-B)A, 26 and 35 of the Arms Act and Rosera P.S. Case No. 183 of 2014 was instituted on the basis of fardbeyan of informant Nitesh Kumar under Section 384, 386, 387 and 307 of I.P.C. against the petitioner and three others. Further submission is that the petitioner is in custody since 22.06.2015.
Learned counsel appearing on behalf of informant Nitesh Kumar of Rosera P.S. Case No.183 of 2014 submits that while petitioner is accused in ten cases, including the present three cases, but it is detailed in paragraph No. 3 of the petition that he is only accused in four cases.
Having considered the facts and circumstances of the case and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.
(Rajendra Kumar Mishra, J) manish/- U T