Mahesh Ji @ Mahesh Prasad Mehta vs The State Of Bihar on 20 January, 2025

Patna High Court – Orders

Mahesh Ji @ Mahesh Prasad Mehta vs The State Of Bihar on 20 January, 2025

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85018 of 2024
                       Arising Out of PS. Case No.-42 Year-2008 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Mahesh Ji @ Mahesh Prasad Mehta S/O Rameshwar Prasad Mehta R/o
                 Village-Bariyath, P.S.- Ichak, Dist. Hazaribagh (Jharkhand)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Birendra Kumar
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   20-01-2025

1. Heard the parties

2. Petitioner seeks regular bail in connection with N.D.P.S.

Case No. 04 / 2023 arising out of Rajauli P.S. Case No. 42 /

2008 dated 28.03.2008 registered under Section 147, 148, 149,

186, 353, 307, 379, 411, 120 (B) of the I.P.C., Section 25(1-b)a,

26, 35 of the Arms Act, Section 17 C.L.A. Act, Section 20, 22

N.D.P.S. Act & 33 Forest Act.

3. As per the first information report on 27.03.2008

the Sub Inspector of Police (informant) got secret information

that 35-40 extremists of M.C.C. group armed with deadly

weapons have assembled to commit some crime, arrived at the

place of occurrence and started combing operation but the

M.C.C. group started firing upon the Police party and Police

also made return firing. In the cross-firing the extremists made
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their escape towards dense forest. Upon search, three persons

were arrested by the Police namely Bandhan Singh, Sukhdeo

Singh and Rajo Turiya. Upon inquiry, they disclosed that the

group used to cultivate poppy and Katha at the behest and

patronage of the petitioner and two other accused persons –

Raghu Ji and Satyendra Ji. Upon search, Police seized poppy

plant and solution of Katha from various other accused persons

and seizure list was prepared.

4. Learned counsel for the petitioner submits that petitioner

has been made accused on the basis of confessional statement of

the arrested co-accused and no recovery has been made by the

Police from the house and / or premises belonging to the

petitioner. The co-accused persons from whose possession fire

arm, poppy plant and Katha were recovered have been granted

regular bail by this court as would be evident from Annexures-

P/2 – P/7. The petitioner is having no criminal antecedent, he is

in custody since 22.10.2024 and charge sheet has been

submitted. The co-accused Sukhdeo Singh, Bandhan Singh &

Rajo Turiya have also been granted bail by this court.

5. On the other hand, learned counsel for the State opposed

the prayer for bail and submits that the petitioner is an active

member and messenger of the banned extremist organization
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M.C.C. and on his direction cultivation of poppy and extraction

of Katha was being done. Learned counsel further submits that

the learned Sessions Judge may be directed to verify the

antecedent of the petitioner at the time of furnishing bail bond

6. Regard being had to the submissions made by the

parties, taking into consideration the fact that petitioner is in

custody since 22.10.2024, no contraband material has been

recovered from the premises and / or house of the petitioner and

other co-accused persons have been granted bail by this Court, I

am inclined to grant regular bail to the petitioner subject to the

condition that at the time of furnishing bail bond the concerned

court shall verify the criminal antecedent of the petitioner.

7. Let the petitioner, above named, be released on regular

bail on furnishing bail bond of Rs. 10000/- ( ten thousand) with

two sureties of the like amount each to the satisfaction of

learned District & Additional Sessions Judge-1st, Nawada in

connection with N.D.P.S. Case No. 04 / 2023 arising out of

Rajauli P.S. Case No. 42 / 2008.

(Anil Kumar Sinha, J)
praful/-

U          T