Subodh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31002 of 2021 Arising Out of PS. Case No.-127 Year-2019 Thana- BIKRAM District- Patna ====================================================== SUBODH MAHTO Son of Dasai Mahto Resident of Village - Khalilpur, P.S.- Karja, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard.

The petitioner seeks regular bail in connection with Bihram P.S. Case No. 127 of 2019 for the offence punishable under Sections 279, 337, 338, 353, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. The police is stated to have intercepted the vehicle in question in which the petitioner and other co-accused persons were found sitting and upon search, while one country made pistol was recovered from the co-accused person namely Awadhesh Kumar, one loaded country made pistol and two live cartridges were recovered from the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.31002 of 2021(2) dt.13-12-2021 2/2 since 4.5.2019. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in three cases but in the said three cases he has been remanded after he was arrested in the present case.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Danapur, District Patna in connection with Bihram P.S. Case No.127 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T