Patna High CourtCR. MISC./19434/2023bail granted

Hari Mahto @ Sanjit Kumar Mahto @ Hari Kumar v. The State Of Bihar

2023-05-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19434 of 2023 Arising Out of PS. Case No.-613 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Hari Mahto @ Sanjit Kumar Mahto @ Hari Kumar Son Of Bindeshwari Mahto Resident Of Village- Sabalpur 28, Ps Sonpur, Distt- Saran At Present Resident At Gosai Tola, Bandh Par, Ps- Patliputra Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Patliputra P.S. Case No. 613/2018 (Special Case No. 12202/2018), registered for the offence punishable under Sections 25(1-B)/a/26/35 of the Arms Act and Section 37(B) of the Bihar Prohibition and Excise (Amended) Act, 2018. Learned counsel for the petitioner submits that the on the basis of confessional statement of co-accused persons the name of the petitioner has transpired in this case. Nothing has been recovered from the conscious possession of the petitioner. Similarly co-accused person namely Mithun Kumar has been granted regular bail vide order dated 15.07.2019 passed in Cr.

Patna High Court CR. MISC. No.19434 of 2023(2) dt.10-05-2023 2/2 Miscellaneous No. 33956/2019 by a co-ordinate Bench of this Court. Petitioner is in custody since 12.08.2021. Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against the petitioner, his period of custody and also the fact that he has clean antecedent, this application is allowed. Let the petitioner, above named, be released 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 Special Judge, Excise, Patna in connection with Patliputra P.S. Case No. 613/2018 (Special Case No. 12202/2018).

(Sandeep Kumar, J) Ranjeet/- U T