Roshan Mahto @ Roshan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32690 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Roshan Mahto @ Roshan Kumar Singh S/o Jitendra Bharati Resident of Village- Madhuban, P.S.- Andhrathadi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikhilesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 309(6) of the BNS and under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that while Aman Kumar Paswan has gone for collection of cash, as he reached near Andhrathadi near Kumkum Hotel, two persons on a bike assaulted on his head due to which he fell down. It is further alleged that the accused persons took away the bag containing cash and other documents. It is further alleged that a country made pistol was also left by the accused persons which was handed over to the police.

4. Learned counsel for the petitioner submits that in this case the occurrence is of 08.10.2024, the FIR has been lodged on 09.10.2024 whereas the country made pistol was

Patna High Court CR. MISC. No.32690 of 2025(2) dt.22-05-2025 2/2 handed over to the police on the same day. It has also been submitted that the FIR was lodged against unknown miscreants. The petitioner was arrested by police on the basis of his antecedents and he has confessed his guilt before the police. Learned counsel further submits that there is nothing except confessional statement of the petitioner. The petitioner is in judicial custody since 21.12.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that the petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Andhrathadi P.S. Case No. 141 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Jhanjharpur.

(Ashok Kumar Pandey, J) Durgesh/- U T