Patna High CourtCR. MISC./68563/2025bail granted

Bhagwan Mahto v. The State Of Bihar

2025-09-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68563 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== Bhagwan Mahto S/o Jagnath Mahto Resident of Village- Govindpur, P.S.- Duraundha, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Duraundha P.S. Case No. 255 of 2025, instituted for the offences punishable under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26(1) and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one country made pistol from the possession of coaccused Sandep Kumar Manjhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.68563 of 2025(2) dt.23-09-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner took lift from the co-accused Sandeep Kumar Manjhi and no any arms have been recovered from the possession of the petitioner. The petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 29.05.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Duraundha P.S. Case No. 255 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T