Prabhu Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40163 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- MADHEPUR District- Madhubani ====================================================== Prabhu Narayan Mahto Son of Pramod Kumar Mahto R/o -Babujeevan P.SMadhepur, Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 28 of 2024 instituted for the offences under Sections 25(1-b), a, 26, 35 of the Arms Act. 3.

As per prosecution case, the police has recovered one country-made Katta and one Android Redmi mobile phone from the possession of the co-accused.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. He further submits that nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.40163 of 2024(3) dt.28-06-2024 2/2 of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 12.03.2024 without any rhymes or reason. It is submitted that recovery is made from coaccused, who has been granted bail by this Court vide order dated 21-05-2024, passed in Cr. Misc. No. 37364 of 2024. It is lastly submitted that charge sheet has been submitted in this case.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Madhepur P.S. Case No. 28 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T