Deovansh Mahto @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73107 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== DEOVANSH MAHTO @ MANISH KUMAR SINGH Son of Late Rupchandra Singh @ Rupchandra Mahto Resident of Village - Mahamadpur, P.S.- Daudnagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 05.08.2019 has filed the instant application for grant of bail in connection with Daudnagar P.S. Case No. 208 of 2019 (District Aurangabad) registered for the offence punishable under sections 467,468 and 471 of the Indian Penal Code and sections 25(1-b)a and 26 of the Arms Act.

As per the allegation in the FIR, a loaded gun along with cartridges were recovered from the sitting room in the house of the petitioner.

It is submitted by learned counsel for the petitioner that inspite of the fact that the alleged recovery is said to have

Patna High Court CR. MISC. No.73107 of 2019(2) dt.25-11-2019 2/2 been taken place at 4.15 P.M. (in the day time), no family member were arrested which shows that the allegation made in the F.I.R. are false and concocted. It is further submitted that the petitioner has no criminal antecedent and is in custody since 05.08.2019.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially the fact that there is recovery of the illegal arms and ammunitions from the house of the petitioner, this Court is not inclined to grant bail to the petitioner and as such the petitioner's application for bail is rejected. However, in the facts and circumstances of the case, if so advised, the petitioner may renew his bail application on completing six months in custody.

(Partha Sarthy, J) Bibhash/- U T