Pradeep Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15764 of 2017 Arising Out of PS.Case No. -271 Year- 2016 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pradeep Mahato son of Gajadhar Mahto resident of village - Baluwa Rampurwa, Police Station - Bairiya, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mrs. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2017 Heard both sides.

The petitioner seeks bail in Bairiya P.S. case No. 271 of 2016 under Section 25 (1-b) a/ 26 of the Arms Act. The informant alleged that petitioner was arrested in connection with Bairiya P.S. case No. 269 of 2016 and, on search, from the possession of petitioner one country made pistol with live cartridge was recovered.

The learned counsel for the petitioner submits that arms was transplanted by the police at the instance of informant of Bairiya P.S. case No. 269 of 2016. The petitioner is in jail since 24.12.2016 and the petitioner has got no criminal antecedent. Considering the facts aforesaid and the that petitioner

Patna High Court Cr.Misc. No.15764 of 2017 (3) dt.03-05-2017 2/2 has already remained in jail for about four and half months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, West Champaran at Bettiah in Bairiya P.S. Case No. 271 of 2016. (Prabhat Kumar Jha, J) BKS/- U T