Yogendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72555 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== YOGENDRA MAHTO S/O SRI BRAHMDEO MAHTO R/o villageShekhopur, P.S.- Deepnagar, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Deepnagar P.S. Case No. 82 of 2020 registered for the offences punishable under Sections 414 and 34 of the Indian Penal Code read with Sections 25(1) (A) (aa), (1-b)a, 26 and 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 27.08.2021, charge-sheet has been submitted in the case and is a person with clean antecedent and is aged about 61 years and allegation is of huge recovery of arms and ammunition as detailed in the FIR from the house of

Patna High Court CR. MISC. No.72555 of 2021(2) dt.23-05-2022 2/3 Niwas Kumar who is alleged to be a manufacturer of arms and ammunition and it is also alleged that the petitioner fled from the place of occurrence and Niwas Kumar was apprehended. The learned counsel submits that the petitioner who is 61 years of age did not commit any occurrence and thus is a person with clean antecedent and because of his son he came to be implicated in the present case though it is alleged that he fled from the place of occurrence but the petitioner was not present in the house when the raid was conducted and the police implicated him merely because he is father of Niwas Kumar. It is next submitted that the house from which arms and ammunition was recovered also belongs to Niwas Kumar and the petitioner stays separately with his two unmarried daughters. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and is a senior citizen, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in

Patna High Court CR. MISC. No.72555 of 2021(2) dt.23-05-2022 3/3 connection with Deepnagar P.S. Case No. 82 of 2020 corresponding to Sessions Trial No. 703 of 2021. (Satyavrat Verma, J) shahzad/- U T