Patna High CourtCR. MISC./58344/2023allowed

Chandrahas Mahto @ Chandrahash Mahto v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58344 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== Chandrahas Mahto @ Chandrahash Mahto Son Of Sarobar Mahto Resident Of Village - Maheshpur Beldari, P.S. - Sanhaula, District - Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a/26 of Arms Act.

3. According to the FIR, the petitioner is alleged to have apprehended by the police and one country made pistol along with five live cartridge was recovered from possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that the seizure list witness are police officials,

Patna High Court CR. MISC. No.58344 of 2023(2) dt.04-09-2023 2/2 not a single independent witness which violates section 100 of Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 24.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sanhaula P.S. Case No. 51 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur /concerned Court.

(Sunil Kumar Panwar, J) Amandeep/- U T