Basant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46030 of 2017 Arising Out of PS.Case No. -16 Year- 2005 Thana -IMAMGANJ District- GAYA ====================================================== Basant Mahto, Son of Kishori Mahto, Resident of Village-Sonpura, P.S. Dumaria, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Imamganj P.S. Case No. 16 of 2005 registered under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

On the tip-off about congregation of six accused persons for committing crime, the police gave them chase and out of them, three accused persons were apprehended by the police and other three managed to escape and the police recovered arms and ammunitions from the apprehended accused. The apprehended accused disclosed the complicity of the petitioner in the occurrence.

Patna High Court Cr.Misc. No.46030 of 2017 (2) dt.20-09-2017 2/2 It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the coaccused which has no evidentiary value in the eye of law. The petitioner has no criminal antecedent. He has been languishing in custody since 06.06.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Imamganj P.S. Case No. 16 of 2005.

(Prakash Chandra Jaiswal, J) Mishra/- U T