Ramesh Sharma @ Tahalka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9866 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- NIRMALI District- Supaul ====================================================== Ramesh Sharma @ Tahalka Son of Jivach Sharma Resident of Village - Chhatapur, Ward No.10, P.S. - Andhramath, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nirmali P.S. Case No. 152 of 2024, G.R. No. 876 of 2024 instituted for the offences under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita and 25(1-b)a, 26, 35 of the Arms Act.

3. On secret information regarding assembly of antisocial elements, police party raided the spot and apprehended the accused persons including the petitioner. There is recovery of arms and ammunitions and other articles from the co-

Patna High Court CR. MISC. No.9866 of 2025(2) dt.14-02-2025 2/3 accused persons. It is further alleged that one mobile phone has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2024 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023. The co-accused person has already been granted bail by this Court vide order dated 16.01.2025 passed in Cr. Misc. No. 90119 of 2024.

5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.9866 of 2025(2) dt.14-02-2025 3/3 below/concerned Court in connection with Nirmali P.S. Case No. 152 of 2024, G.R. No. 876 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T