Shravan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26967 of 2021 Arising Out of PS. Case No.-360 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== SHRAVAN MAHTO S/O BHARAT MAHTO @ BHARAT NISHAD R/O VILLAGE-SIMARIYAGHAT BIND TOLI, P.S-BARAUNI, DISTRICTBEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1 For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 307 & 353/34 of the Indian Penal Code and Section 25 (1-b)a, 26, 27 & 35 of the Arms Act. Acting on a tip-off, when the informant along with the police force rushed to the place where the miscreants were assembled, after seeing the police they started to escape and in

Patna High Court CR. MISC. No.26967 of 2021(2) dt.23-07-2021 2/3 course of one miscreant fired at police but was intercepted by police and remaining miscreant succeeded to escape. The petitioner is said to have apprehended by the police and on search one country made pistol, one live cartridge and one mobile phone is said to have been recovered from his possession.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on suspicion. No incriminating article has been recovered from his conscious physical possession rather the alleged articles have been planted by the police. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Charge sheet has already been submitted against the petitioner. The petitioner has been languishing in custody since 19.09.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.26967 of 2021(2) dt.23-07-2021 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Barauni P.S. Case No.360 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T