Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23435 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bhola Mahto, Son of Sahar Mahto, Resident of Village- Ekwa, Police Station- Sahodaua, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 25 B(a), 26, 35 of the Arms Act and Section 10 of U.A.P.A. Act, 1967.

The allegation against the petitioner is that he along with other co-accused assaulted the informant and on the point of pistol, kept the arms in the house of the informant and gave threatening him that if he will inform the police, he along with his family members will be killed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.04.2017. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.23435 of 2017 (2) dt.23-05-2017 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to have kept arms in the house of the informant. There is no recovery of arms from the conscious possession of the petitioner and Section 37(b-1) is bailable.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 C.J.M., Bettiah, West Champaran in connection with Sahodara P.S. Case No. 70 of 2015.

(Sudhir Singh, J) Amit/- U T