In a bail application arising from a case involving illegal arms manufacture, the High Court granted the petitioner bail on furnishing of a bail bond with sureties, considering his clean antecedents and custody duration.
Petitioner granted bail on furnishing a bond of Rs. 10,000 with two sureties, each to the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3865 of 2022
Arising Out of PS. Case No.-177 Year-2021 Thana- NADI P.S. District- Patna
======================================================
RANDHIR MAHTO S/o- Sri Ram Ekbal Mahto @ Ram Akbal Mahto Resident of Village- Gulmahiya Chak, P.S.- Nadi, District- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Abhay Kumar, Adv. For the Opposite Party/s : Mr.Mukeshwar Dayal, APP ======================================================
... ... Opposite Party
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
3 14-06-2022 Heard counsel for the petitioner and the learned A.P.P.
for the State.
The petitioner seeks regular bail in connection with Nadi P.S. Case No. 177 of 2021 lodged under Section 120B/34 of Indian Penal Code read with Section 25(1-AA)/26(I)(II)/35 of the Arms Act.
As per the allegation made in the F.I.R., that illegal arms factory was alleged to be prepared since long in the new house of accused no.9 Ram Ekbal Mahto where series of articles, on the basis of which illegal arms used to be constructed, were recovered.
Learned counsel for the petitioner submits that the alleged recovery was made from the house of petitioner's father Ram Ekbal Mahto. The said house was provided on rent to one
Patna High Court CR. MISC. No.3865 of 2022(3) dt.14-06-2022 2/3
accused Ajay Kumar on monthly rent (Annexure-II). Learned counsel further submits that petitioner is not living with his father and he was residing in another house. He further submits that charge sheet has been filed in this case, petitioner is in custody since 01.07.2021 having no criminal antecedent. He also submits that the other co-accused persons were granted bail by the Co-ordinate Bench of this Court vide order dated 16.05.2022 and 17.05.2022 passed in Cr. Misc. No.67017 of 2021 and Cr. Misc. No.67257 of 2021.
Learned A.P.P. has opposed the prayer for bail.
Considering the facts that petitioner is in custody since 01.07.2021 and alleged recovery of articles used in preparation of arms were recovered from the house of Ram Ekbal Mahto and also considering that the petitioner has clean antecedent and charge sheet has already been submitted in this case, let the petitioner, above-named, be granted bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Nadi P.S. Case No. 177 of 2021.
The petitioner shall appear physically before the Trial Court and in case of violation of two consecutive dates, the Trial
Patna High Court CR. MISC. No.3865 of 2022(3) dt.14-06-2022 3/3
Court has liberty to cancel his bail.
Accordingly, the bail application stands disposed of.
(Dr. Anshuman, J)
ravishankar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the Nadi P.S. Case No. 177 of 2021.
RANDHIR MAHTO
THE STATE OF BIHAR
DR ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
