Ajai Mahton @ Ajay Kr. Mahto @ Randhir Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36825 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Ajai Mahton @ Ajay Kr. Mahto @ Randhir Mahton, son of Ram Sagar Mahton, R/o Village- Nonpur, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-08-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Barauni P.S. Case No.22 of 2016 instituted for the offence under Section(s) 25(1-b)a, 26, 35 of the Arms Act.

It has been submitted that the petitioner has clean antecedents. There is no recovery of any incriminating article from his possession. Name of this petitioner has come in the confessional statement of Santosh Prasad.

As per written report, Santosh Prasad and Kushi Tanti were apprehended with fire arms, cartridges and other articles as mentioned in the written report.

The petitioner is not named in the First Information

Patna High Court Cr.Misc. No.36825 of 2017 (2) dt.10-08-2017 2/2 Report.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Barauni P.S. Case No.22 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T