IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41618 of 2010 RAM BALI MAHTO @ DILIP MAHTO Versus STATE OF BIHAR ----------- 3 15.3.2011 Heard learned counsel for the parties. The petitioner is in custody in Hasanpur P.S. Case No. 67 of 2010 on the allegation that after being arrested by the police on 25.5.2010 at about 16 hours he was found in possession of a country made pistol loaded with a cartridge which was seized and a seizure list was prepared in respect of recovery made from the possession of the petitioner. By drawing the attention of this Court to the seizure memo which is a copy of the document in the case diary just after a copy of the report, it was contended that there is no recovery of any arms or ammunition from the present petitioner and the case diary further indicates that the police was searching to arrest the petitioner as may appear from entry made in paragraph-18 of the case diary and lastly the petitioner was arrested on 25.5.2010 at 4.55 a.m, as indicated in paragraph-24 of the case diary. It was also contended that the whole story of recovery or arrest is 2 maliciously false and the case appears instituted for ulterior reasons. On considering the written report the Court finds that there is definite averment made in it by S.I. Satyendra Prasad Singh of Hasanpur P.S(Samastipur) that the accused persons were taken into custody by formally being arrested, which statement is found contrary to the statement of the Investigating Officer. As has just been pointed out, the recovery memo also does not support that anything was recovered from the possession of the present petitioner. It appears to be out and out a case of falsely implicating an innocent person in a serious offence and thereby abusing his most valued human rights like his personal liberty. The Court believes that the present case is an outstanding example of abusing the authority vested in a police officer by law. While directing the release of the petitioner on bail on execution of his personal bond of Rs. 500/- to the satisfaction of Additional Chief Judicial Magistrate, Rosera (Samastipur) without any surety, the Court directs the Registrar General of the Court to forward a 3 copy of the order to the State Human Rights Commission for initiating a proper proceedings against the informant of the above noted Hasanpur P.S Case No.67 of 2010 under the above facts. Prakash (Dharnidhar Jha,J.)