Ajay Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29601 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- DHARHARA District- Munger ====================================================== AJAY MAHTON Son of Brahamdev Singh @ Brahamdev Mahton Resident of Village- Shivkund, P.S.- Dharhara, (O.P. Hemjapur), District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dharhara P.S. Case No. 126/2020, registered for the offence punishable under Sections 399/403 of the Indian Penal Code and Section 25(1-b)a,26 and 35 of the Arms Act.

The allegation is regarding the accused persons having been arrested while they were hatching a conspiracy to commit dacoity. It is further alleged that the said arrested co-accused persons had named the petitioner to be the one, who had fled away from the spot and he is stated

Patna High Court CR. MISC. No.29601 of 2021(2) dt.07-12-2021 2/3 to have been arrested subsequently.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 20.1.2021 and no arms or ammunitions have been recovered from his possession.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no arms or ammunitions have been recovered from the petitioner, apart from considering the fact that the petitioner is languishing in custody since 20.1.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.29601 of 2021(2) dt.07-12-2021 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Munger in connection with Dharhara P.S. Case No. 126 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T