Patna High CourtCR. MISC./74681/2024bail granted

Pramod Mahto v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74681 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Pramod Mahto Son of Ram Jeewan Mahto R/O-Vilage- Raipur Jaunpur Konhi, P.S- Mohanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mohanpur P.S. Case No. 92 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police has recovered one loaded country-made Sixer along with one iron Dabiya from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that as a matter of fact, nothing incriminating has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.74681 of 2024(2) dt.22-10-2024 2/2 petitioner rather the police forcibly took signature of the petitioner on the plain paper and converted the same in seizure list. The petitioner has no criminal antecedent and is languishing in judicial custody since 26.04.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Mohanpur P.S. Case No. 92 of 2024. (Rudra Prakash Mishra, J) rishi/- U T