Patna High CourtCR. MISC./49941/2017bail granted

Surendra Mahton @ Bulua @ Surendra Mahto v. The State Of Bihar

2017-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49941 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Surendra Mahton @ Bulua @ Surendra Mahto S/o Late Bipat Mahto resident of Village Buchauli, P.S. Bhagwanpur, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Bhagwanpur PS case no. 42 of 2017 for the offences punishable under Sections 25 (1-b)a, 26 of Arms Act.

The case of the prosecution in brief is that the petitioner was apprehended by the police and upon search, one loaded countrymade pistol and five live cartridges were recovered. The learned counsel for the petitioner submits that as far as his criminal history is concerned, he is an accused in three cases; in one case, he has been acquitted while in other two cases, he is on bail. It is further submitted that the petitioner is in custody since 01.04.2017.

Patna High Court Cr.Misc. No.49941 of 2017 (2) dt.17-10-2017 2/2 I find from the impugned order dated 22.07.2017 that the petitioner is in custody since 12.06.2017. In the facts and circumstances of the case, I deem it fit and appropriate to direct for the release of the petitioner immediately upon completion of six months from the date of his actual custody which may be verified by the learned trial court. In case, the petitioner has completed six months of custody then be released on bail immediately. The petitioner is directed to be released on regular bail as aforesaid upon such condition as may be imposed by the concerned trial court.

With these observations, this bail application is disposed of.

(Mohit Kumar Shah, J.) rinkee/- U T