Patna High CourtCR. MISC./21267/2024bail granted

Mahesh Kumar Singh @ Mahesh Singh @ Maheshiya v. The State Of Bihar

2024-07-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21267 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== MAHESH KUMAR SINGH @ MAHESH SINGH @ MAHESHIYA S/O RAM EKABAL SINGH R/O VILLAGE- RANJITPUR KUWARI, P.SPUNAURA, DIST.- SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agarwal, Sr. Adv.

Mr.Virendra Kumar, Mr.Kumar Rajdeep For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Punaura P.S. Case No. 290 of 2023, registered for the offences punishable under Sections 25(1-B)a/26 of Arms Act.

3. As per allegation, on a secret information, the police party apprehended the petitioner. One loaded pistol and one cartridge were recovered from his possession.

4. Learned senior counsel Mr. N.K. Agarwal has submitted that for the allegation of recovery of loaded pistol and one cartridge, the petitioner is under custody since 30.12.2023. He submitted further that it is true that 13 cases are pending against

Patna High Court CR. MISC. No.21267 of 2024(3) dt.01-07-2024 2/2 him but in all the cases, he has been granted bail much prior to this false and fabricated case. He has also submitted that the last FIR except the present case, was lodged in the year 2019. Thereafter, no any other case was lodged against him. As a matter of fact, the wife of the petitioner won the election of Mukhiya in the year 2023 and just after the election, he has falsely been implicated in this case due to election rivalry.

5. Considering the above-mentioned facts and circumstances as well as period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Punaura P.S. Case No. 290 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Kundan/- U T