Patna High CourtCR. MISC./13539/2016bail granted

Manish Kumar Mahto v. The State Of Bihar

2016-06-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13539 of 2016 Arising Out of PS.Case No. -662 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Manish Kumar Mahto son of Murlidhar Mahto, resident of village- Beria Police Station-Tikapati, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Ananad, Advocate : Mr. Vikram Singh, Advocate For the State : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Araria P.S. Case No.662 of 2015 registered under Sections 25(1-B)(a), 26 and 35 of the Indian Penal Code.

It has been contended by the learned counsel for the petitioner that the search and seizure were not made in terms of the provisions prescribed under the Code of Criminal Procedure. Referring to the seizure list as contained in annexure-1 to the petition, it has been contended that the seizure list does not bear the signature of the petitioner. It has also been contended that it is nowhere mentioned in the seizure list that recovery of the

Patna High Court Cr.Misc. No.13539 of 2016 (3) dt.06-06-2016 2/2 incriminating articles was made from conscious possession of the petitioner.

Learned counsel for the State has opposed the prayer for bail of the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner, namely, Manish Kumar Mahto, who is reported to be a man of clean antecedent and is in custody since 21st December, 2015, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No.662 of 2015.

(Ashwani Kumar Singh, J) Md.S./- U T