Arjun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5482 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Arjun Sharma, Age-37 years (M), Son of Sri Lalji Sharma, R/o-VillageSabdal, P.S- Malviganj Pauthu, in the District of Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 13.08.2018 in a case registered for the offences punishable under Sections 467, 468, 471 and 420 of the IPC and Sections 25(1-B)a and 26 of the Arms Act.

The prosecution case, as per the self statement of D.K. Pathak, S.H.O., Matihani Police Station, recorded on 11.08.2018, is to the effect that during vehicle check, in a bolero vehicle, three persons including the petitioner were found travelling when they suggested that they use to put money in the ATM of the bank. The petitioner claims himself as guard. It is further alleged that from the petitioner, one gun and seven cartridges with forged licence were recovered.

Patna High Court Cr.Misc. No.5482 of 2019(2) dt.31-01-2019 2/2 It is submitted by learned counsel for the petitioner that the petitioner himself was cheated by someone else as he has purchased the licensee gun and cartridges from someone else. It is further submitted that the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner was working as a guard having arms with forged licence.

Considering the fact that the investigation has already been concluded and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Matihani P.S. Case No. 109 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T