Patna High CourtCR. MISC./11500/2024bail granted

Kundan Sharma @ Mukesh Kumar Singh v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11500 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- SAHJAHANPUR District- Patna ====================================================== Kundan Sharma @ Mukesh Kumar Singh S/o Late Vidyanand Singh @ Vidyanand Prasad R/o Village and P.O.- Singariyawa, P.S. - Shahjahanpur, Dist. - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dayanand Singh, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahjahanpur P.S. Case No. 188 of 2023 instituted for the offences under Section 37(2) of the Bihar Prohibition and Excise Act and Section 25(1B)(a), 26, 35 of the Arms Act, 1959.

3. As per prosecution case, the police has recovered one country made rifle from the house of co-accused/Ramnivas Sharma where the accused/petitioner was also sitting and both the persons were arrested on the spot in drunken state.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has

Patna High Court CR. MISC. No.11500 of 2024(2) dt.23-02-2024 2/2 been recovered from the conscious possession of the petitioner rather the same has been recovered from the house of the coaccused. The petitioner has no concern with the seized arms. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application in which he is on bail. The petitioner is languishing in judicial custody since 16.12.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahjahanpur P.S. Case No. 188 of 2023.

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