Ajay Mahato @ Ajay Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72108 of 2024 Arising Out of PS. Case No.-147 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Ajay Mahato @ Ajay Kumar Mahato S/o Late Manai Mahato Resident of Village- Fulwariya, P.O and P.S- Sugauli, Dist- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2024 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 147 of 2018, registered for the offences punishable under Sections 25(1-a)b, 26/35 of the Arms Act.

3.

The case of the prosecution, in brief, is that on the basis of secret information received by the Police, a raid was conducted at the place of occurrence and two co-accused persons, namely, Md. Farman and Bipin Mahto were arrested. On search, a countrymade loaded pistol was recovered from the possession of Md. Farman and one cartridge, two duplicate motorcycle keys and screw

Patna High Court CR. MISC. No.72108 of 2024(2) dt.22-11-2024 2/3 driver were recovered from the co-accused person, namely, Bipin Mahto.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in three other criminal cases but he is on bail in the said three cases. It is next submitted that the petitioner is languishing in custody since 19.07.2024. Lastly, the learned counsel for the petitioner submits that neither any arms have been recovered from the petitioner nor he has been arrested from the spot and in fact the person from whom recovery of one countrymade pistol has been made, has already been granted the privilege of regular bail by this Court vide order dated 01.04.2019 passed in Criminal Misc. No. 16682 of 2019.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail. 6.

Having regard to the facts and

Patna High Court CR. MISC. No.72108 of 2024(2) dt.22-11-2024 3/3 circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that neither the petitioner has been arrested from the spot nor any recovery has been made from his possession and the person, whose confessional statement has led to implication of the petitioner in the present case, has already been granted the privilege of regular bail, hence I deem it fit and proper to admit the petitioner herein to the privilege of regular bail. 7.

Accordingly, the petitioner, above named, is directed to 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 learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Sugauli P.S. Case No. 147 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T