Patna High CourtCR. MISC./42524/2023bail granted

Ganga Mahto v. The State Of Bihar

2023-07-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42524 of 2023 Arising Out of PS. Case No.-309 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== Ganga Mahto Son of Late Tukan Mahto, Resident of Village - Billo, P.S. - Halsi, Distt. - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Halsi (Ramgarh Chowk) P.S. Case No.309 of 2022 dated 04.12.2022, lodged under Sections 25(1-b)a, 26 of the Arms Act.

3. As per prosecution case, the recovery of one pistol and three live cartridges have been made from the possession of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 05.12.2022 and there are two criminal cases pending against him, in which he is on bail. He further submits that the petitioner is law abiding citizen and it is due to this reason, the charge has been framed in this case and

Patna High Court CR. MISC. No.42524 of 2023(2) dt.14-07-2023 2/3 trial has commenced and there is no chance of tampering with any evidence.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Lakhisarai in connection with Halsi (Ramgarh Chowk) P.S. Case No.309 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.42524 of 2023(2) dt.14-07-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

7. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T