Patna High CourtCR. MISC./36003/2020bail granted

Jitendra Kumar Mahto v. The State Of Bihar

2021-01-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36003 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== Jitendra Kumar Mahto Son of Tuntun Mahto, Resident of Village-Ratan, Police Station-Bakhari, District-Begusarai.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Neema Chandpura P.S. Case No. 41 of 2020 for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. The allegation is regarding recovery of one loaded country made pistol along with live cartridges, after the petitioner was apprehended by the police and a search was made.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 29.06.2020. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the

Patna High Court CR. MISC. No.36003 of 2020(2) dt.22-01-2021 2/2 petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Begusarai in connection with Neema Chandpura P.S. Case No. 41 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T