Amarnath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71478 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- KINJAR District- Jehanabad ====================================================== Amarnath Mahto, S/O Satnarayan Mahto @ Satyanarayan Mahto Resident Of Nargada Dhibra, P.S.- Sahpur, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur- Advocate Mr. Udbhav- Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-AA), 26 and 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2021, charge-sheet has been submitted in the case and has antecedent of three cases. The learned counsel for the petitioner submits that the informant alleges that during vehicle checking with STF, a Boleno car was apprehended along with five accused persons and on search, a loaded regular carbine was recovered from the dickey of the car along with other articles as detailed in the F.I.R.

The learned counsel for the petitioner submits that as

Patna High Court CR. MISC. No.71478 of 2021(2) dt.17-05-2022 2/2 far as this petitioner is concerned, it is alleged that from his possession, only a mobile was recovered.

The learned A.P.P. for the State opposes the bail application and submits that petitioner was found sitting in the car from which a loaded regular carbine was recovered, as such, it is not a normal case of recovery of a country-made pistol. Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kinjer P. S. Case No.48 of 2021, subject to the condition that one of the bailors of the petitioner shall be his father namely, Satnarayan Mahto @ Satyanarayan Mahto. The petitioner shall be released after framing of charge. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T