Patna High CourtCR. MISC./85186/2023allowed

Shivam Mahto v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85186 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Shivam Mahto SON OF RAMASHISH MAHTO R/O VILLAGECHHATWAN (CHATWAN), GANDHI CHOWK, P.S.- KEOTI, DISTRICTDARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol from the possession of this petitioner and he is said to be apprehended by private public and handed over to police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics and enmity. He has no concern with the alleged recovery. Moreover, the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.85186 of 2023(2) dt.15-01-2024 2/2 11.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Keoti P.S. Case No. 266 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Darbhanga.

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