Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63882 of 2023 Arising Out of PS. Case No.-378 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ashok Mahto Son Of Late Hemraj Mahto Resident Of Village - Matokhar, P.S. - Sheikhpura, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a and 26 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with one live cartridge beneath the bed of one Amarjeet Kumar(petitioner's son).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made beneath the bed of the petitioner's son and this petitioner lives separately from him. Moreover, the

Patna High Court CR. MISC. No.63882 of 2023(2) dt.11-10-2023 2/2 petitioner is languishing in judicial custody since 20.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhhpura P.S. Case No. 378 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura. (Sunil Kumar Panwar, J) shubham/- U T