Deepak Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11499 of 2020 Arising Out of PS. Case No.-810 Year-2019 Thana- DANAPUR District- Patna ====================================================== DEEPAK SHARMA, aged about 30 years (Male), Son of Kundan Sharma @ Kundan Kr. Sharma, Resident of Village - Near Registry Office, Danapur, P.S.- Danapur, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dhananjay Kumar Tiwary, Advocate.

For the Opposite Party :

Mr.Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that on 19.10.2019 while the informant alongwith other police officials were in special raid, received information that some notorious criminals having illegal arms, assemble in the east side of Ramjanki Mandir, in front of Tea Shop of Munna Rai. On this information, he reached at that place for verification and for confirmation. But, on seeing the police vehicle, all the four persons tried to flee away, but on chase they were caught hold and disclosed their names as Deepak Sharma (petitioner), Ramesh Kumar Singh, Ajay Kumar @ Bilai and Sanni Paswan @ Chhotaka Sanni, Thereafter, a pistol with Magazine and on opening the

Patna High Court CR. MISC. No.11499 of 2020(2) dt.28-02-2020 2/2 said Magazine, two live cartridges of 7.65 mm were recovered from possession of the petitioner. He could not produce any valid papers regarding recovered cartridges and pistol. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.10.2019. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One pistol with Magazine alongwith two live cartridges is said to have been recovered from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M. Ist Danapur, Patna, in connection with Danapur P.S. Case No. 810 of 2019.

(Sudhir Singh, J) U.K./- U T