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Patna High CourtCR. MISC./76551/2018bail granted

Lala Mistry @ Lala Sharma v. The State Of Bihar

2019-01-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76551 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- GOH District- Aurangabad ====================================================== Lala Mistry @ Lala Sharma, Son of Mahabir Mistry, resident of VillagePakari, P.S.- Goh, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Goh P.S. Case No. 105 of 2018, registered for the offence punishable under Sections 147, 148, 149, 385, 386, 120B of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 17 of the CLA Act.

The allegation in the present case is regarding the police having raided the place of occurrence and upon seeing the police, the accused persons, who are said to be Maosits, began to flee away, however, one accused person, namely, Saryu Ram was arrested and on search, one country made

Patna High Court Cr.Misc. No.76551 of 2018(2) dt.11-01-2019 2/3 carbine etc. were recovered. It is the said Saryu Ram, who had disclosed the name of the petitioner and others to be his accomplice.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, there is no evidence to connect him with the alleged crime and only on account of his bad antecedent, he has been falsely implicated in the present case. It is submitted that the petitioner is ready to abide by whatsoever condition which is thought proper by this Court to be imposed for the purposes of grant of bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

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 Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 105 of 2018.

It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police

Patna High Court Cr.Misc. No.76551 of 2018(2) dt.11-01-2019 3/3 station at 10:30 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. (Mohit Kumar Shah, J) ajay gupta/- U T