Chandra Mohan Mahto @ Chandra Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27369 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Chandra Mohan Mahto @ Chandra Mohan Kumar S/o Vidyanand Mahto Resident of Village- Gangaura, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-05-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Gwalpara P.S. Case No.-233 Year-2023, registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case as emerging from the FIR is that when the informant was present nearby his shop, three unknown persons were fleeing away after making firing from their respective firearms, as a result of which, one bullet hit the right thigh of the informant and one bullet passed touching waist of another person standing nearby the informant.
4. Ld. counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27369 of 2024(2) dt.20-05-2024 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against unknown persons and his name has transpired only in the confessional statement of the co-accused which is a very weak evidence in the eye of law.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in four other cases.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Judicial Magistrate-Ist Class, Udakishunganj, Madhepura, in connection with Gwalpara P.S. Case No.-233
Patna High Court CR. MISC. No.27369 of 2024(2) dt.20-05-2024 3/3 Year-2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Chandan/ shailendraU T