Shambhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14405 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== SHAMBHU SHARMA S/O SIYARAM SHARMA @ SIYARAM SINGH R/O VILLAGE SHRIWANICHAK (SHARWANICHAK), POLICE STATION - SHAMBHUGANJ, DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, A.P.P..

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-07-2021 Let the defects be removed within four weeks after start of the physical Court.

The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

Submission is that allegation is of recovery of a rifle from the house of co-accused Ram Bachan Sharma, who has already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 17.08.2019 passed in Cr. Misc. No. 51200 of 2019. Identical allegation is there against the petitioner

Patna High Court CR. MISC. No.14405 of 2021(2) dt.12-07-2021 2/2 of recovery of rifle and pistol from his house. There is general and omnibus allegation of firing against the petitioner and others. Petitioner is in custody since 26.05.2020. Investigation of the case against the petitioner is already complete. Considering entire facts aforesaid, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Bhagwanganj Police Station Case No. 45 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T