Bambam Mahto @Ram Pravesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19708 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== BAMBAM MAHTO @ RAM PRAVESH MAHTO S/o Late Horil Mahto R/o Village- Samsa, P.S.- Naokothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Naokothi P.S. Case No. 86 of 2018, instituted for the offence under Section(s) 147, 148, 149, 307, 353 of the Indian Penal Code, Sections 25(1B)a, 26, 27 and 35 of the Arms Act. It is alleged in the written report that on the date of occurrence while the informant along with other Police personnel had gone for compliance of process under Section 82 and 83 Cr. P.C. issued against petitioner and co-accused Bhulla Mahto, petitioner along with other miscreants started making firing on the Police Party. In self defence the Police Party had also fired. In the firing Petitioner has sustained gun shot injury

Patna High Court CR. MISC. No.19708 of 2019(6) dt.04-07-2019 2/2 on his leg and he along with two other miscreants has been apprehended by the Police. On search, one country made pistol loaded with one cartridge and 30 live cartridges have been recovered from waist of the petitioner. He could not produce any paper on demand.

Counsel for the petitioner submits that in the First Information Report it is mentioned that petitioner has sustained injury and just to make defence the Police has shown recovery of firearms from possession of the petitioner. Thereafter, the petitioner has been made accused in the instant case. Petitioner is in custody since 25.8.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Shri Raghubir Prasad, Judicial Magistrate, 1st Class, Begusarai, in connection with Naokothi P.S. Case No. 86 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T