Krishna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15244 of 2023 Arising Out of PS. Case No.-333 Year-2022 Thana- BYPASS District- Patna ====================================================== Krishna Mahto S/O Late Prayag Mahto R/O Mohalla- Bahri Dhawalpura Karmalichak, Om Colony, P.S- By Pass, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act. It is a case of recovery of loaded one country made pistol and nine live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. There is no independent witness of the alleged

Patna High Court CR. MISC. No.15244 of 2023(2) dt.28-04-2023 2/2 seizure. Moreover, the petitioner is languishing in judicial custody since 15.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with By-pass P.S. Case No. 333 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Patna City, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T