Saroj Mallah v. The State Of Bihar

Patna High Court Cr.Misc. No.48098 of 2018 (2) dt.07-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48098 of 2018 Arising Out of PS.Case No. -279 Year- 2016 Thana -BIHIYA District- BHOJPUR ======================================================

1. Saroj Mallah Son of Dhartinand Mallah, resident of Village- Rajpur, P.S. Bihiya (Bahoranpur O.P.) District Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar & Mr Kalyan Shankar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 8.6.2018, seeks bail in Bihiya PS Case No. 279 of 2016 registered under Sections 399, 402 of the IPC and Sections 25(1-B)A, 26 and 35 of the Arms Act. Accusation is that several miscreants had assembled in connection with making plan for committing dacoity, the police reached there and apprehended named persons Mohit Lal Thakur and recovered a country made pistol with three live cartridges from his possession.

Learned Counsel for the petitioner submits that neither the petitioner was apprehended on the spot nor any recovery of arms or incriminating article was made from his possession, he has clean antecedent and persons who disclosed his name namely Mohit Lal Thakur was granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 15302 of 2017.

Having considered the said facts and circumstances, the petitioner, namely, Saroj Mallah 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 CJM Ara at Bhojpur in connection with Bihiya PS Case No. 279 of 2016. Snkumar/- (Arun Kumar, J) U T