Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16632 of 2019 Arising Out of PS. Case No.-394 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Upendra Mahto , aged about 30 years, Male, Son of Punit Mahto Resident of Village- Milki Chak Rampur, Police Station - Okari (Ghosi) District - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 504,506 of the Indian Penal Code and 25(1-b)a,26 of the Arms Act.

Submission is that offences of the Indian Penal Code are bailable and the offence alleged under Arms Act is also bailable for the reason that firearm of the petitioner was allegedly seized by the private person i.e. the villagers and not by the police and petitioner managed escape from there. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.16632 of 2019(2) dt.15-03-2019 2/2 court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ghosi (Okari) P.S.Case No.394 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T