Patna High CourtCR. MISC./22096/2024bail granted

Awadhesh Mistry v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22096 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- GOH District- Aurangabad ====================================================== Awadhesh Mistry, aged about 55 years, Male, Son of Late Kameshwar Mistry, Resident of Muhallah- Rajputana Tola, Goh, P.S.- Goh, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Sudha Ambastha, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goh P.S. Case No. 340 of 2023 instituted for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol and a touch screen mobile phone has been recovered from the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He next submits that the petitioner is named in the FIR but there is no recovery from the conscious possession of the petitioner. One country made pistol has been recovered from the possession of other co-accused

Patna High Court CR. MISC. No.22096 of 2024(3) dt.19-04-2024 2/2 namely, Manoj Mistri @ Dukhan Mistry. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 08.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-X, Aurangabad dated 09.01.2024, it appears that petitioner is named in the FIR. The co-accused who has been arrested namely Manoj Mistry @ Dukhan Mistry has disclosed the name of the petitioner. Similarly situated co-accused person namely Sarvesh Chandrawanshi has been granted bail by this Court in Cr. Misc. No. 12934 of 2024 vide order dated 29.02.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on 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, Aurangabad in connection with Goh P.S. Case No. 340 of 2023. (Ramesh Chand Malviya, J) Anand Kr.

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