Patna High CourtCR. MISC./17362/2024allowed

Suraj Kumar Sharma @ Suraj Sharma v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17362 of 2024 Arising Out of PS. Case No.-304 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== SURAJ KUMAR SHARMA @ SURAJ SHARMA Son of Bihari Sharma Resident of D.B. Road, Ward No. 10, Police Station-Saharsa, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of Arms Act.

3. Prosecution case relates to recovery of a loaded country made pistol from possession of co-accused Kartik Kumar and this petitioner is said to have been fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of disclosure made by co-accused Kartik Kumar. Neither the petitioner was

Patna High Court CR. MISC. No.17362 of 2024(2) dt.14-03-2024 2/2 apprehended nor any incriminating article has been recovered from his conscious possession. The petitioner voluntarily surrendered before learned court below on 23.8.2023 and since then, he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 304 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa. (Sunil Kumar Panwar, J) Amandeep/- U T