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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17288 of 2025 Arising Out of PS. Case No.-465 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Santosh Kumar @ Santosh Kumar Mahto Son of Nand Kishore Mahto Resident of Ward No.8, Boria, P.S. - Bibhutipur, Samastipur, Bihar-848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Bibhutipur P.S. Case No. 465 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-B)(a) and 26 of the Arms Act.

3. As per FIR, in furtherance of secret information arms and ammunitions were recovered from the backside of the grocery shop and cyber cafe of one Sanjay

Patna High Court CR. MISC. No.17288 of 2025(3) dt.22-05-2025 2/3 Mahto.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not named with the FIR and further more seizure list and FIR, itself suggests that recovery of alleged arms were made from an open place, easily accessible by general public. It is pointed out that petitioner was doing business of vehicle, where one vehicle was under nose of SHO Vijay and when their relation deteriorated out of some financial issues. Petitioner was implicated falsely with the present case. While concluding the argument learned counsel submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of aforesaid facts and circumstances and by taking note of the fact as recovery of alleged arms and ammunition prima-facie appears to be made from an open place, easily accessible by general public, where name of petitioner transpires out of suspicion arising out of secret input, accordingly petitioner above named, in the event of his

Patna High Court CR. MISC. No.17288 of 2025(3) dt.22-05-2025 3/3 arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise 1st, Samastipur/concerned Trial Court where the case is pending in connection with Bibhutipur P.S. Case No. 465 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T