Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89476 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Rajesh Mahto Son of Hareram Mahto Resident of Village- Shreepur, Ward No. 3, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

Ms. Rani Shashi Bharti, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cheriya Bariyarpur P.S. Case No. 163 of 2024 dated 06.09.2024 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, total 65 live cartridges were recovered from a chair and the petitioner was standing near the chair. Two mobile phones were also recovered from the petitioner and the co-accused person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.89476 of 2024(2) dt.08-01-2025 2/2 recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.09.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 163 of 2024, with the condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T