Mukesh Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31734 of 2021 Arising Out of PS. Case No.-49 Year-2016 Thana- PURNAHYA District- Sheohar ====================================================== MUKESH PATHAK SON OF LATE LALLAN PATHAK R/O VILLAGEMARUABAD, P.S.- MEHSI, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 25(1-b)a, 25(1-A), 26(ii), 35 of Arms Act.

As per the prosecution case, on the disclosure made by this petitioner huge quantity of arms and ammunition were recovered from the house of other co-accused person. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Although, it is stated in paragraph 3 of the petition that petitioner is accused in 12 other cases but in all cases, except one, the petitioner is on bail.

Patna High Court CR. MISC. No.31734 of 2021(2) dt.26-08-2021 2/2 Petitioner is in custody since 18.05.2018 and charge sheet has already been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Sub Divisional Judicial Magistrate, Sheohar in connection with Purnahiya PS case No. 49/2016 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T