Sudhir Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53390 of 2017 Arising out of PS.Case No. -126 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Sudhir Mahto son of Dukhharan Mahto, resident of village-Bampali, P.S. Udwant Nagar, District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 126 of 2016 for the offence under Sections 25(1-b)A, 26 and 35 of the Arms Act. The allegation according to the prosecution is that when the police party tried to apprehend Scorpio vehicle, they fled away by firing, leaving the said vehicle.

The learned counsel for the petitioner submits that the petitioner has a fair antecedent, except two other cases in which he is on bail. It is further submitted that the petitioner was not apprehended from the spot and at best if the facts of the FIR are to be believed, he can said to be the driver of the said vehicle. Having regard to the facts and circumstances of the case

Patna High Court Cr.Misc. No.53390 of 2017 (2) dt.09-11-2017 2/2 and considering the fact that the petitioner is languishing in custody since 07.02.2017, the petitioner Sudhir Mahto is directed to be released on bail on furnishing bail bond of Rs. 100000/- (rupees one lakh) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 126 of 2016. .

(Mohit Kumar Shah, J) S.Sb/- U T