Indal Mahto @ Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52474 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Indal Mahto @ Indal Kumar S/o Yogendra Mahto R/o Village - Riga Ramnagar, P.S. - Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-08-2025 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8/8(c), 21 (b), 20(b)(ii)(c) of the NDPS Act.

3. The case of the prosecution is that from possession of this petitioner one country made pistol along with one live cartridge and 30gm of brown sugar was recovered.

4. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected vide order dated 16.01.2025 with liberty to renew his prayer for bail after six months. Learned counsel further submits that the

Patna High Court CR. MISC. No.52474 of 2025(2) dt.01-08-2025 2/2 contraband which has been recovered from his possession is more than small quantity but is much less than the commercial quantity.

5. Learned APP appearing for the state has opposed the prayer of regular bail and has submitted that the petitioner is having criminal antecedent of 14 cases.

6. Learned counsel for the petitioner has submitted that the petitioner is not having criminal antecedent of similar nature rather the nature of the offence is different. Moreover, the petitioner is languishing in judicial custody since 21.03.2024.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mejorganj P.S. Case No. 94 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act, Sitamarhi.

(Ashok Kumar Pandey, J) durgesh/- U T