Patna High CourtCR. MISC./62824/2018bail granted

Manoj Mallah v. The State Of Bihar

2018-10-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62824 of 2018 Arising Out of PS.Case No. -279 Year- 2016 Thana -BIHIA District- BHOJPUR ======================================================

1. Manoj Mallah S/o Dharati Nand Mallah, resident of Village- Rajpur, P.S.- Bihiya, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard the parties.

Petitioner seeks bail in Bihiya P.S. Case No.279 of 2016 registered for the offences under Sections 399, 402 of I.P.C. and Sections 25(1-b)a, 26, 35 of the Arms Act.

Accusation is that while on 14.10.2016 on receipt of information that some miscreants were planning to commit dacoity, patrolling party reached there, on seeing them all the miscreants started to flee but on chase with the help of the villagers one of the miscreants was apprehended and three persons managed to escape. Apprehended person on query disclosed his name as Mohit Lal Sah and on search one country made pistol and three live cartridges were recovered from his possession. Learned counsel for the petitioner submits that neither

Patna High Court Cr.Misc. No.62824 of 2018 (2) dt.12-10-2018 2/2 the petitioner was apprehended on the spot nor any recovery of any incriminating article was effected from his possession. He further submits that one co-accused who was apprehended on the spot has already been granted bail by a co-ordinate Bench of this Court vide order dated 6.4.2017 passed in Cr.Misc. No.15302 of 2017. He is in custody since 29.08.2018 having no criminal antecedent.

Having considered the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M. -V, Bhojpur, Ara, in Bihiya P.S.Case No.279/16.

(S. Kumar, J) AnilKrSinha/- U