Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61543 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- PIPRA District- East Champaran ====================================================== DHARMENDRA MAHTO Son of Yugul Kishor Mahato Resident of VillageBelwa, Dakshini Tola, P.S.- Chauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 147 of 2021 (GR Case No. 2911 of 2021), registered for the offence punishable under sections 25(1-b)a, 26 and 35 of Arms Act.

The allegation is regarding the informant having apprehended the accused persons and upon search, as far as the petitioner is concerned, one country made pistol with live cartridge and a cash amount of Rs. 3000/- was recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody

Patna High Court CR. MISC. No.61543 of 2021(2) dt.30-03-2022 2/2 since 20.05.2021. The learned counsel for the petitioner has further submitted that the petitioner has already been sufficiently punished on account of the period of custody already undergone by the petitioner.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the period of incarceration, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 147 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T