Patna High CourtCR. MISC./28724/2017allowed

Sharan Seth @ Sharan Mahto v. The State Of Bihar

2017-07-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28724 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Sharan Seth @ Sharan Mahto S/o- Kishun Mahto Resident of MohallaNarsaliganj, P.S. Bihar Sarif, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Sen Prasad For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Bihar P.S. Case No. 135 of 2017 for an offence under section 25(1B)a/26 of the Arms Act. In para-3 there is statement on affidavit that in Bihar P.S. Case No. 107 of 2000 which was registered against unknown, the petitioner was implicated and further he was acquitted on 23.3.2017.

From perusal of the FIR, it appears that on a secret information, the police conducted raid and found unlicensed gun and two live cartridges wrapped in a gunny bag kept in the drum in the house of the petitioner.

Patna High Court Cr.Misc. No.28724 of 2017 (3) dt.20-07-2017 2/2 The petitioner is in custody since 11.3.2017. Submission on behalf of the petitioner is that nothing was recovered from the conscious possession of the petitioner which shows ownership of the gun and live cartridges. Having regard to the fact that the gun was recovered from the house of the petitioner and not from the physical possession of the petitioner, let the petitioner, named above, 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 CJM., Nalanda at Bihar Sharif, in connection with Bihar P.S. Case No. 135 of 2017 on the condition that the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T