Mantu Mishra @ Mantu Kishore Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70519 of 2022 Arising Out of PS. Case No.-320 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Mantu Mishra @ Mantu Kishore Mishra Son of Ragho Kumar Mishra @ Ragho Mishra Resident of Village - Dumra, P.S. - Kotwa, District - East Champaran. At present Resident of Mohalla - Gayatri Nagar, P.S.- Motihari Town, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Motihari Town P.S. Case No. 320 of 2022, Trial No. 904 of 2022 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 26.05.2022.

The allegation against the petitioner is to have in possession of one country made pistol and two live cartridges.

Patna High Court CR. MISC. No.70519 of 2022(2) dt.16-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the alleged firearm was not recovered from the conscious physical possession of this petitioner rather from the open field, which is accessible by general public. It is submitted that the seizure list appears doubtful, being not supported by independent witnesses rather by police personnels. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail in one case and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP for the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as alleged firearm appears to be recovered from an open field, where seizure list is also appearing doubtful on its face, being not supported by independent witnesses coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Motihari Town P.S. Case No. 320 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.70519 of 2022(2) dt.16-03-2023 3/3 Champaran/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T