Bittu Kumar @ Bittu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11429 of 2023 Arising Out of PS. Case No.-614 Year-2022 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BITTU KUMAR @ BITTU MAHTO S/o Damu Mahto @ Damu Patel R/o village- Raja Punash, P.S.- Ahiyapur, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1-b)A, 26, 35 of the Arms Act.

As per FIR, prosecution case relates to recovery of one loaded country made pistol along with two live cartridge from possession of this petitioner and he is alleged to be apprehended on spot while he was trying to escape after seeing the police party.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police or

Patna High Court CR. MISC. No.11429 of 2023(2) dt.04-05-2023 2/2 with the co-accused person. As a matter of fact, the petitioner was going to market at the time of occurrence and local public caught him mistakenly and handed over to police. It is further submitted that the petitioner is languishing in judicial custody since 14.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got one criminal antecedent.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ahiyapur P.S. Case No. 614 of 2022 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., Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T