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Patna High CourtCR. MISC./32401/2018bail granted

Anuj Mahto @ Pukiya @ Anuj Kahton @ Anuj Kumar @ Fukiya v. The State Of Bihar

2018-05-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32401 of 2018 Arising Out of PS.Case No. -37 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ====================================================== ANUJ MAHTO @ PUKIYA @ ANUJ KAHTON @ ANUJ KUMAR @ FUKIYA Son of Mahendra Mahto @ Mahendra Roy, Resident of VillagePhulwaria Kairibari, Ward No.-4, P.S.- Phulwaria, Dist- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-05-2018 Heard.

The petitioner seeks regular bail in connection with Fulwaria P.S. Case No. 37 of 2017 for the offences punishable under Sections 399 and 402 of Indian Penal Code, section 25 (1-b) a, 26 and 35 of the Arms Act and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of one country made pistol and a sum of Rs.4,000/-, apart from recovery of silver payal and mobile set from the petitioner herein. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and similarly situated co accused persons have already been granted bail vide order dated 15.09.2017 passed in Cr. Misc. No. 34365 of

Patna High Court Cr.Misc. No.32401 of 2018 (2) dt.31-05-2018 2/2 2017 and order dated 23.11.2017 passed in Cr. Misc. No. 56161 of 2017. It is further submitted that there are two cases pending against the petitioner but he is on bail in both the cases. It is further submitted that the petitioner is languishing in custody since 01.04.2017.

Having regard to the facts and circumstances of the case, the petitioner, above named, directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II - cum - Special Judge, Excise Court, Begusarai in connection with Fulwaria P.S. Case No. 37 of 2017. (Mohit Kumar Shah, J) BTiwary/- S. Katyayan U T