Abdhesh Mahton And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15116 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -SIKANDARA District- JAMUI ======================================================
1. Abdhesh Mahton, son of late Besar Mahton
2. Nand Kishore Mahton, son of naresh Mahton, both resident of villageKurhadih, P.S.- Sikandra, District- Jamui. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 9.11.2015 in a case registered under Sections 25(1-B) A, 26, 35 of the Arms Act It is said that one country made pistol and three live cartridges were recovered from possession of petitioner no.1 whereas one country made pistol and three live cartridges were recovered from possession of petitioner no.2. It is also submitted that four live cartridges were recovered from the cow shed of petitioner no.2.
No doubt, petitioners do have criminal antecedent, but according to prosecution case itself, police raided the cow shed of petitioner no.2 on the basis of disclosure made by co-accused Raj
Patna High Court Cr.Misc. No.15116 of 2016 (2) dt.12-04-2016 2/2 Kumar Mahto, who disclosed that after committing the murder of one Madan Mistry, he had kept the live cartridges in the cow shed of petitioner no.2.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioners in jail custody, let petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-IInd, Jamui in connection with Sikandra P.S. Case No.158 of 2015. (Hemant Kumar Srivastava, J) N.H./- U T