Nawal Sharma @ Nabal Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7418 of 2019 Arising Out of PS. Case No.-185 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== NAWAL SHARMA @ NABAL KISHOR SHARMA, son of Late Narayan Sharma, Resident of Village - Dhima Mandir Tola, Ward No.-11, P.S.- Banmankhi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 11.09.2018 in a case registered for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act. The prosecution case got initiated on the basis of written report dated 10.09.2018 submitted by Anjani Kumar Singh to the Station House Officer, Banmankhi Police Station

Patna High Court Cr.Misc. No.7418 of 2019(2) dt.08-02-2019 2/3 is to the effect that on 09.09.2018 at 3.30 A.M., during patrolling, three persons were found travelling on a motorcycle. On signal to stop the vehicle given by the police, they tried to flee away from there, but were apprehended by the police. On frisking, from the possession of co-accused, Jai Krishna Kumar and Gunjan Sharma, a loaded country made pistol and a mobile phone were recovered, whereas from the possession of the petitioner, one mobile phone was recovered. It is submitted by learned counsel for the petitioner that only on the basis of the suspicion, the petitioner was arrested and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner was moving with the gang of the criminals from whom arm has been recovered.

Considering the nature of recovery from the petitioner and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.7418 of 2019(2) dt.08-02-2019 3/3 amount each to the satisfaction of learned CJM, Purnea in connection with Banmankhi P.S. Case No. 185 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T