Mahddev Kumar @ Mahadev Kumar @ Mahadev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14929 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Mahddev Kumar @ Mahadev Kumar @ Mahadev Sah S/O Sri Aghnu Sah R/O Village- Kanchanpur Kachra, Ward No. 12, P.S- Saur Bazar, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 658 of 2023 dated 19.09.2023, instituted for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

3. The allegation against the petitioner is that one live cartridge, one screen touch mobile of realme company and one TVS motorcycle baring Registration No. BR19V-4059 has been recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the recovered motorcycle stands in the name of Mahadev Kumar (petitioner), but

Patna High Court CR. MISC. No.14929 of 2024(2) dt.11-03-2024 2/2 no incriminating articles were seized from him. It is further submitted that one country made pistol has been recovered from the possession of co-accused Ajay Kumar, who has been granted regular bail vide order dated 20.02.2024 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 9605 of 2024. Lastly, it has been submitted that the petitioner is in custody since 20.09.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in Saharsa Sadar P.S. Case No. 658 of 2023. (Khatim Reza, J) premchand/- U T