Sanjay Kumar Mahto @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14596 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Sanjay Kumar Mahto @ Sanjay Kumar, Son of Late Ramjatan Mahto, Resident of Village- Daulatpur, Police Station- Warisnagar (Mathuapur O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 30.10.2018 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that during patrolling, a secret

Patna High Court CR. MISC. No.14596 of 2019(2) dt.11-03-2019 2/3 information was received that some miscreants were preparing to commit a dacoity. Whereupon, for the purpose of raiding, when the informant along with other police personnel reached at Lakshmi Chowk, he saw five accused persons along with three motorcycles, talking with each other. On seeing the police personnel they tried to flee away, but on chase being made five persons including the petitioner were apprehended. It is further alleged that from the possession of the petitioner, a mobile phone was recovered.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner was apprehended from place of occurrence, while preparing for commission of dacoity.

Considering the nature of recovery from the petitioner, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.14596 of 2019(2) dt.11-03-2019 3/3 sureties of the like amount each to the satisfaction of learned CJM, Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case No.297 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T