Mantu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48565 of 2017 Arising Out of PS.Case No. -268 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Mantu Kumar Gupta Son of Dinanath Sah, R/o Village- Hathauji, P.S.- Nautan, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 13.07.2017 in connection with a case registered for the offences punishable under Sections 399/402/ of the Indian Penal Code and Section 25(1b) a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that though there was no recovery from the conscious possession of the petitioner, the alleged recoveries have been saddled on his shoulders. It is further submitted that though offence as alleged under Section 399 and 402 are also not made out as no arms and ammunitions or any incriminating article has been recovered to indicate that he was making preparation for committing some offence.

Patna High Court Cr.Misc. No.48565 of 2017 (2) dt.17-10-2017 2/2 In view of the fact that the petitioner has got a clean antecedent and that there has been no recovery from his conscious possession, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil Police Station Case No. 268 of 2017. (Anjana Mishra, J) Saif/- U T