Ram Dular Mahto @ Ram Dular Kumar @ Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67527 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Ram Dular Mahto @ Ram Dular Kumar @ Ram Kumar Mahto Son Of Umesh Mahto Resident Of Village - Malkua, P.S. - Bakhri (Parihara O.P.), District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 188, 285 and 307 of the IPC and Sections 25(9) and 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner is that during the orchestral program on the occasion of Chhath Puja, the petitioner along with other accused persons demonstrated pistols holding their hands and making air fire. The accused persons were identified through viral video by the chaukidar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.67527 of 2023(2) dt.31-10-2023 2/2 committed no offence. No any arms were recovered from conscious possession of the petitioner rather he has made accused in this case on the basis of disclosure made by local chaukidar. As per FIR, no one sustained injury during course of this alleged occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 340 of 2022. (Sunil Kumar Panwar, J) Arish/- U T