Sharban Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58164 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- NTPC District- Patna ====================================================== Sarban Mahto Mithlesh Mahto Resident Of Village- Railly Bind Toli, P.S.- N.T.P.C., District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 27 of the Arms Act. The prosecution case as per F.I.R. is that on 11.07.2022, the informant along with other police personnel were on night patrolling duty. In the
Patna High Court CR. MISC. No.58164 of 2022(5) dt.24-03-2023 2/3 meantime, at about 00:30 A.M., he got information that firing is going on between two groups. The informant reached there and arrested two persons including the petitioner. One country-made pistol and one live cartridge were recovered in front of petitioner's house. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific accusation against the petitioner. No one has sustained any injury. The petitioner is languishing in custody since 12.07.2022.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was apprehended from the spot.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.58164 of 2022(5) dt.24-03-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with N.T.P.C P.S. Case No. 70 of 2022.
(Sunil Kumar Panwar, J) Shageer/ayush U T