Deo Dutt Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33578 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Deo Dutt Mahto, Son of Late Musho Mahto,

2. Sarvjeet Kumar Son of Late Upendra Mahto, Both are Resident of Village- Telaha, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-07-2017 Heard the learned counsel for the petitioners. The petitioners seek regular bail in connection with Alauli P.S. Case No. 51 of 2017, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code as well as Section 25(1-b)a, 26, 35 of the Arms Act.. The case of the informant, in short, is that he received confidential information that some culprits had assembled near Khelawan Jalkar and were variously armed as well as were planning to commit some crime. He along with other police personnel reached at the place of occurrence and apprehended the accused persons along with the petitioners and recovered country made pistol and cartridges from possession of the petitioners as well as from possession of other accused persons.

Patna High Court Cr.Misc. No.33578 of 2017 (2) dt.20-07-2017 2/2 The learned counsel for the petitioners submits that the petitioners have no criminal antecedent, they have been falsely implicated in the present case and they are in custody since 2.3.2017. It is further submitted that similarly situated co-accused has already been granted bail by this Court by order dated 7.7.2017 passed in Cr. Misc. No. 28534 of 2017. Having regard to the facts and circumstances of the case more particularly the fact that the case of the petitioners is similar to the aforesaid accused persons, who have been granted bail, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the petitioners, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Alauli P.S. Case No. 51 of 2017, G.R. No. 583 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T