Rajendra Mahton @ Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19325 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Rajendra Mahton @ Rajendra Singh Son of Late Kashi Mahton R/o villageBarbighi, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2019 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 120B of the Indian Penal Code and Section 25(1-AA)/25(1-B)A/26/35 of the Arms Act.

Recovery of fire-arm is from the possession of coaccused Surendra Mahto and Surendra Mahto disclosed that coaccused Bipin Thakur had supplied him. Thereafter, house of Bipin Thakur was raided and from there also one country-made pistol was recovered. Bipin Thakur disclosed that the petitioner had supplied the said pistol.

Submission is that nothing has been recovered from the possession of the petitioner nor from the house of the

Patna High Court CR. MISC. No.19325 of 2019(2) dt.29-03-2019 2/2 petitioner. There is no other substantial material against the petitioner.

Learned Additional Public Prosecutor opposed the prayer for anticipatory bail.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the 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 the Court-below where the case is pending in connection with Ballia Police Station Case No.24 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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) Mkr./- U T