Manoj Mehta @ Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26821 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- BHARGAMA District- Araria ====================================================== MANOJ MEHTA @ MANOJ MAHTO Son of Jag Narayan Mehta Resident of Village - Tonaha, P.S.- Bhargama, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bhargama P.S. Case No. 25/2018, instituted for offence under Section(s) 25(1-b)a and 26 of Arms Act.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 04.10.2018 passed in Cr. Misc. No. 54100/2018 with liberty to renew prayer for bail after six months in the event no substantive progress is made in trial. It is alleged in the written report that on the date of occurrence during patrolling duty police got information that petitioner used to manufacture and sell illegal arms. On such information, police raided the house of petitioner and recovered several material meant for manufacturing firearms. It is further

Patna High Court CR. MISC. No.26821 of 2019(5) dt.03-07-2019 2/3 alleged that the petitioner and one Md. Farooque were arrested by police on the spot.

Report of the Court below regarding present stage of trial has been received, from which it appears that only one witness has been examined in this case till date. In this manner, no substantial progress has been made in trial after passing of order dated 04.10.2018 in Cr. Misc. No. 54100/2018.

Petitioner is in custody since 11.02.2018.

Keeping in view the period of custody spent by petitioner and no substantial progress having been made in trial, prayer of the petitioner for grant of bail is allowed. 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 the learned A.C.J.M. VIth, Araria, in connection with Bhargama P.S. Case No. 25/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in

Patna High Court CR. MISC. No.26821 of 2019(5) dt.03-07-2019 3/3 cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T