Shyam Sundar Sharma @ Bittu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5806 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ====================================================== Shyam Sundar Sharma @ Bittu Sharma, son of late Madan Sharma R/o Village- Ghejan, P.S.- Shakurabad, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Shakurabad P.S.Case No. 93 of 2016 registered for the offences punishable under Sections 25(1b)a and 26 of the Arms Act. It has been submitted on behalf of the petitioner that allegation is of recovery of licensee rifle from the house of the petitioner and licence was not produced but, as a matter of fact, the rifle was kept by one niece of his friend and since his friend died he has applied for transfer of the licence and in the meantime the same has been recovered and petitioner has remained in custody for two months.

Heard learned APP also.

Having heard both sides and considering the fact that in the FIR it is alleged that it is a licensee rifle and petitioner has

Patna High Court Cr.Misc. No.5806 of 2017 (2) dt.16-02-2017 2/2 remained in custody for about two months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Shakurabad P.S.Case No. 93 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U