Nikku Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29088 of 2024 Arising Out of PS. Case No.-184 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Nikku Kumar Mahto Son Of Lalchand Mahto @ Lalchan Mahto Resident Of Village- Sinduwari Bintoli, Ward No. 14, Ps- Gwalpara, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gwalpara P.S. Case No. 184 of 2022 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

As per prosecution case, there is recovery of one country made pistol from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-08-2022. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.29088 of 2024(2) dt.20-04-2024 2/2 case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the recovered arms and the same is planted. It is submitted that there is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gwalpara P.S. Case No. 184 of 2022.

(Rudra Prakash Mishra, J) Raj kishore/- U T