Ganesh Sharma @ Mahesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34064 of 2015 Arising Out of PS.Case No. -124 Year- 2014 Thana -PASRAHA District- KHAGARIA ====================================================== Ganesh Sharma @ Mahesh Sharma, Son of Ashok Sharma resident of village - Naya Tola Terasi Pirpahar, Police Station - Muffasil, District - Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Sections 25 (1-b) a, 26, 35 of the Arms Act. It is submitted on behalf of the petitioner that though ten country made pistols have been shown to have recovered from the possession of the petitioner, however, he has got no criminal antecedent and is in custody since 9.12.2014. It is further submitted that the co-accused Bibhash Yadav @ Subhash Yadav, from whom four country made pistols were recovered, has been granted bail vide order dated 17.06.2015 passed in Cr. Misc. No.20409/2015 (Annexure-2). It is also submitted that the election in Khagaria district has already over.

Patna High Court Cr.Misc. No.34064 of 2015 (3) dt.16-10-2015 2/2 Having regard to the aforementioned facts and circumstances, the petitioner, namely, Ganesh Sharma @ Mahesh Sharma is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Ravi Ranjan, Judicial Magistrate, 1st Class, Khagaria in connection with Pasraha P.S. Case No. 124 of 2014 subject to the condition that (i) one of the bailors must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his/her relationship with him, (ii) if the petitioner is found involved in future in similar type of case then the court below would be at liberty to take steps for cancellation of his bail and, (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below would be at liberty to take steps for cancellation of his bail bond.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U