Patna High CourtCR. MISC./52673/2024bail granted

Roshan Mahto v. The State Of Bihar

2024-07-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52673 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Roshan Mahto S/o- Sri Yogendra Singh Resident of Village-Saidanpur PSTarari District- Bhaojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramanuj Tiwary For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tarari P.S. case No. 124 of 2023 instituted for the offences under Sections 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one country-made pistol and two live cartridges were recovered from the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the

Patna High Court CR. MISC. No.52673 of 2024(2) dt.20-07-2024 2/2 recovered arms and ammunitions. Charge-sheet has been submitted in this case. The co-accused person has already been granted bail by this Bench vide order dated 22.04.2024 passed in Cr. Misc. No. 29613 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2023 and has three criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Tarari P.S. case No. 124 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T