Baidyanath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79100 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Baidyanath Mahto, Son Of Late Sitaram Mahto, Resident Of Village - Pakahi, P.S. - Bibhutipur, District - Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur with Ms.Vaishnavi Singh, Advocates For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-B)a, 25(1-A), 26(2), 29 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one person concealed huge quantity of illegal weapon in his house, thereafter the police personnel reached at that place. One person apprehended, who is said to be the wife of this petitioner and there has been recovery of one loaded carbine, some cartridges, two loaded country-made pistol and other materials from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.79100 of 2023(3) dt.07-02-2024 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. Petitioner is a handicapped and his leg is defective and he cannot run and there has been operation of the spinal cord and leg of the petitioner are fixed by iron rod. No incriminating articles have been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. He further submitted that the father of the petitioner was killed and petitioner lodged Bibhutipur P.S. Case No. 60 of 2020 dated 13.03.2020 under Sections 302/34 of the IPC and Section 27 of the Arms Act. Moreover, the wife of the petitioner, who apprehended on spot has already been granted bail by Court below vide order dated 18.03.2023 passed in B.P. No. 289 of 2023. He is languishing in judicial custody since 28.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. MISC. No.79100 of 2023(3) dt.07-02-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera, Sitamarhi in connection with Bibhutipur P.S. Case No. 20 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T