Anshu Kumar Sharma @ Anshu Kr. Sharma @ Anshu Sharma @ Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6481 of 2024 Arising Out of PS. Case No.-642 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Anshu Kumar Sharma @ Anshu Kr. Sharma @ Anshu Sharma @ Anshu Kumar S/o Ajay Sharma R/o Vill - Parminiya, P.S. - Sonbarsa Kachahari, Dist. - Saharasa, At present - Bhartiya Nagar, Ward No. 26/35, Batraha, P.S. and Dist. - Saharasa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Saharsa Sadar P.S. Case No. 642 of 2023, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, two live cartridges have been recovered from the pocket of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.6481 of 2024(4) dt.26-04-2024 2/3 the conscious possession of the petitioner. The petitioner is in custody since 13.09.2023 and has got eleven criminal antecedents in which the petitioner is on bail in one case. There is no compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 22229 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 642 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.6481 of 2024(4) dt.26-04-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T