Dharmendra Sharma @ Loha Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11241 of 2022 Arising Out of PS. Case No.-462 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== DHARMENDRA SHARMA @ LOHA SHARMA Son of Uma Shankar Sharma Sharma Resident of Village - Madhariya, P.s.- Mohania, Distt.- Kaimur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 25(1-B)a, 25 (1-AA), 26 and 35 of the Arms Act and Section 107, 109, 115 and 414 of the Indian Penal Code.

The case relates to recovery of one country made Katta along two live cartridges and six empty cartridges along with two gun cartridges, 5 barrels and for manufacturing articles.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that according to

Patna High Court CR. MISC. No.11241 of 2022(2) dt.16-06-2022 2/3 the F.I.R and seizure list, one loaded country made pistol along with two live cartridges and six empty cartridges along with two gun cartridges and also 5 barrels are said to have been recovered from the house of the petitioner but, in fact, nothing has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 13.10.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four one case other than the present one. Considering the facts and circumstances of the case, 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 amount each to the satisfaction of learned Court below where the case is pending in connection with Mohania P.S. Case No. 462 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.11241 of 2022(2) dt.16-06-2022 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T