Manish Raj Mahto @ Manish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71541 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== MANISH RAJ MAHTO @ MANISH RAJ Son of Ram Bilash Mahto Resident of Village- Shahpur, P.S.- Rosera, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 19.09.2022, in connection with Hathauri P.S. Case No.120/2022, F.I.R. dated 19.09.2022, for the offences punishable under Sections 25(1-b)a, 26 of Arms Act.

According to prosecution case, one country made pistol and one mobile are said to have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. and the seizure list that one country made pistol, two mobile phones and one motorcycle have been recovered from the

Patna High Court CR. MISC. No.71541 of 2022(2) dt.05-04-2023 2/3 possession of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner, rather the police has planted the same and shown the recovery from the possession of the petitioner. It is further submitted that the petitioner has no concern at all with the alleged motorcycle in question and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 19.09.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Rosera, Samastipur, in connection with Hathauri P.S. Case No. 120/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.71541 of 2022(2) dt.05-04-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T