Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36267 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ashok Mahto son of Timan Mahto Resident of Village - Barbatta, Police Station - Sonepur, District - Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-25(i-b)a/26/35 of the Arms Act.

Twenty live cartridges are said to have been recovered from conscious possession of the petitioner whereas; one loaded pistol containing five live cartridges were recovered from possession of the co-accused.

Submission on behalf of petitioner is that nothing was recovered from conscious possession of the petitioner and as a matter of fact, when the petitioner refused to become a witness of seizure list, the police implicated the petitioner in this case.

Patna High Court Cr.Misc. No.36267 of 2016 (2) dt.23-08-2016 2/2 Considering the above-said facts and circumstances of the case as well as this aspect of the matter that the petitioner does not have any criminal antecedent, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Hajipur Sadar P.S. Case No. 57 of 2016 to the satisfaction of Sri Aditya Pandey, learned Judicial Magistrate, Vaishali at Hajipur.

(Hemant Kumar Srivastava, J) A.K.V./- U T