Sanjit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30352 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- PANDARAK District- Patna ====================================================== Sanjit Mahto, aged about 19 years, Male, son of Suro Mahto @ Suraj Mahto, Resident of Village- Bihari Bigha Dhelwa Gosai P.S.- Barh District- Patna P/A- Bhagwatipur Karmaur Dhelwa Gosai P.S.- Pandarak District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pandarak P.S. Case No. 29 of 2024 instituted for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner has got no criminal antecedent as stated in para 3 of the petition is in custody since 08.02.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of

Patna High Court CR. MISC. No.30352 of 2024(2) dt.24-04-2024 2/2 the learned Additional District and Sessions Judge-1st Barh, Patna dated 22.03.2024, it appears that only empty pistol without any cartridge has been recovered from the possession of the petitioner and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Barh, Patna in connection with Pandarak P.S. Case No. 29 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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