Praveen Kumar @ Praveen Mahto @ Parvind Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57758 of 2022 Arising Out of PS. Case No.-78 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== PRAVEEN KUMAR @ PRAVEEN MAHTO @ PARVIND MAHTO Son Of Basudev Mahto @ Baso Mahto R/O Village- Tandi Jokia, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023
1. Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. In view of prayer made by learned counsel for the petitioner, permission is granted to make necessary correction in paragraph No. 13 with regard to the date of custody period of the petitioner in course of the day.
4. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 78 of 2020, dated 22.04.2020 registered for the offences punishable under Sections 25(1-b)a/
Patna High Court CR. MISC. No.57758 of 2022(9) dt.25-04-2023 2/3 26 of the Arms Act.
5. The main submissions advanced by petitioner's counsel are that the recovery of the alleged firearms and a Dabiya, which is stated to have been made from the house of this petitioner, was made in the absence of this petitioner, accordingly, the said recovery cannot be deemed to have been made from the conscious possession of the petitioner and moreover, the petitioner has been languishing in jail since 07.06.2022, though against him there are criminal antecedent of three cases but he has got bail in two cases and his bail petition is pending in respect of his third criminal antecedents case and all these cases were lodged under the offences of I.P.C. and against the petitioner investigation has been completed.
6. Learned APP appearing for the State has opposed the prayer for bail.
7. Considering the above submissions and mainly the custody period of the petitioner and also the fact that the investigation has been completed against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in
Patna High Court CR. MISC. No.57758 of 2022(9) dt.25-04-2023 3/3 connection with Bhagwanpur P.S. Case No. 78 of 2020. (Shailendra Singh, J.) maynaz/- U T