Patna High CourtCR. MISC./23704/2024bail granted

Ganga Mahto @ Gango Mahto v. The State Of Bihar

2024-04-18Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23704 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- NTPC District- Patna ====================================================== Ganga Mahto @ Gango Mahto, Male, aged about 32 years, son of Harihar Mahto @ Aadhi Mahto, resident of village- Raily Pachmahla, Bind Toli, P.S. - N.T.P.C., District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with NTPC PS Case No.154 of 2023 dated 09.12.2023, instituted for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

3. The allegation is of recovery of one country-made pistol and five live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner was going to market and saw lot of people near Panchmahala Bind Toli. The police asked him to stop and thereafter he has been falsely implicated in this case due to village politics. It is submitted that there is no

Patna High Court CR. MISC. No.23704 of 2024(2) dt.18-04-2024 2/3 independent witness of the seizure list. Both the witnesses are police personnel. Lastly, it has been submitted that the petitioner has two criminal antecedents and is in custody since 10.12.2023.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, 1st, Barh, Patna, in NTPC PS Case No.

Patna High Court CR. MISC. No.23704 of 2024(2) dt.18-04-2024 3/3 case, the prosecution will be at liberty to move for cancellation of bail.

7. The application stands disposed of.

(Khatim Reza, J) J. Alam/- U T