Chandan Kumar Mahto @ Channad Kumar Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25101 of 2016 Arising out of P.S. Case No. -32 Year- 2016 Thana - SHEOHAR District- SHEOHAR ===================================================

1. Chandan Kumar Mahto @ Channad Kumar Mahto, Son of Deodhari Mahto, Resident of Village- Nayagaon, P.S. Sheyampur, Bhatahan, District-Sheohar.

2. Nathuni Ram, Son of Basudeo Mahto, Resident of Village Bhorahan P.S.Sheyampur Bhatahan, District-Sheohar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Dr. Amrendra Kumar, Adv. For the Opposite Party/s: Mrs. Renu Kumari (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

11.08.2016 Learned counsel for the petitioners is permitted to make necessary correction in Paragraph 3 of the bail application in the light of the supplementary-affidavit filed on behalf of the petitioners.

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are languishing in custody since 27.02.2016 in connection with Sheohar P.S. Case No. 32 of 2016 pending in the Court of Chief Judicial Magistrate, Sheohar for the offences registered under Sections 25(1B) A, 25(1-A) 26(ii) and 35 of the Arms Act. The prosecution case, in brief, as alleged in the FIR is that some miscreants had assembled at I.D.B.P. Branch, Fatehpur and were planning to commit crime. It

Patna High Court Cr.Misc. No.25101 of 2016 (4) dt.11-08-2016 is further alleged that after seeing the police party they fled away. On chase, they were caught by the police and on search the arms were recovered from one of them. It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.02.2016. Charge-sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioners. No arms are said to have been recovered from the possession of the petitioners. Arms are said to have been recovered from the conscious possession of the coaccused. On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 32 of 2016.

Vikash/- (Sudhir Singh, J.) U T