Satendra Sharma @ Satendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.42189 of 2015 (3) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42189 of 2015 Arising Out of PS.Case No. -267 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Satendra Sharma @ Satendra Singh S/o Late Sidheshwar Sharma Resident of village - Koilma, P.S. Haspura, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Nikesh For the Opposite Party : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 02.07.2015 in a case instituted under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

As per prosecution case, it is a case of recovery of illegal arms from the possession of the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner is not named in the FIR. Petitioner's name

Patna High Court Cr.Misc. No.42189 of 2015 (3) dt.04-11-2015 has come on the basis of a confession of other accused. Except for the same, there is no other substantive piece of evidence to implicate the petitioner in the present case. It is further submitted that the petitioner may be released after completion of five months in custody from 02.07.2015.

On behalf of the State, it has been submitted that the petitioner had prepared the fake arms licence and had supplied to other accused persons.

Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of five months in custody from 02.07.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned CJM, Gaya, in connection with Gaya Kotwali P.S.Case No.267 of 2015.

(Sudhir Singh, J) B.Kr./- U T