Patna High CourtCR. MISC./53265/2019disposed

Dilip Mahto v. The State Of Bihar

2019-08-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53265 of 2019 Arising Out of PS. Case No.-310 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Dilip Mahto, S/o Late Mahant Mahto, R/o village- Laxmipur, Sauraha, P.S.- Chiutaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-08-2019 This is an application for grant of anticipatory bail in connection with Bagaha P.S. Case No. 310 of 2019, disclosing offences under Sections 25(1-b)a, 26, 35 of the Arms Act. Police on information intercepted the motorcycle and two persons were arrested and third one succeeded in fleeing away. The arrested person named the person who succeeded in fleeing away and two other persons. The fire arms were recovered.

Submission of the learned counsel for the petitioner is that except the confessional statement of the co-accused, there is nothing against the petitioner and there is no recovery also and as such, the offence under Section 25(1-b)a, or 35 of the Arms Act is not made against the petitioner and he has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.53265 of 2019(2) dt.26-08-2019 2/2 Having heard both sides, in view of the facts and circumstances of the case, this application is disposed of with a direction to the learned court below to verify the antecedent of the petitioner and during the verification, the petitioner will be released on provisional bail, and if found no criminal antecedent against him, he will be released on bail on its own satisfaction, otherwise, the petitioner shall surrender and make prayer for regular bail.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T