Sanjay Mahto @ Lalwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69750 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== SANJAY MAHTO @ LALWA S/o Govind Mahto Resident of Village- Basant Khurd, P.S.- Suppi, District- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Suppi PS case no. 101 of 2019 instituted for the offence punishable under Sections 399, 402, 353, 333, 307 of Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of Arms Act. The allegation is regarding the police having got secret information to the effect that the co-accused person namely Dheeraj Kumar and his associates were planning to commit some crime, whereafter the police had arrived at the place of occurrence and on seeing the police party, the accused persons including the petitioner herein started firing upon the police party, however the petitioner was apprehended and one countrymade loaded pistol, magazine and mobile phone with

Patna High Court CR. MISC. No.69750 of 2019(2) dt.10-01-2020 2/3 sim card were recovered.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case on account of being accused in three other cases and the fact is that no such incident, as alleged, had ever taken place. The petitioner is said to be languishing in custody since 09.05.2019. Lastly, it is submitted that the petitioner is ready and willing to abide by such conditions as may be deemed fit and proper to be imposed by this Court.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the period of incarceration, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/ concerned court in connection with Suppi PS case no. 101 of 2019. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10.30 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall

Patna High Court CR. MISC. No.69750 of 2019(2) dt.10-01-2020 3/3 stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T