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Patna High CourtCR. MISC./14210/2019allowed

Vishal Kumar Sharma v. The State Of Bihar

2019-03-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14210 of 2019 Arising Out of PS. Case No.-1124 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== VISHAL KUMAR SHARMA Son of Dhanraj Sharma Resident of VillageNarayanpur, P.S.- Indrapuri, District- Rohtash. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Dubey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Dehri (T), P.S. Case No. 1124 of 2018, registered for the offence punishable under Sections 400, 401, 411, 414 of the I.P.C and Section 25 (1-b), 26 (A), 35 of the Arms Act. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. Referring to the prosecution case he submits that on receiving secret informant police conducted raid. On seeing the police party three persons started fleeing away but they were apprehended. He further submits that on search of Prakash Kumar alias Gunni, who was apprehended by the police, one country made loaded pistol was seized. On search of other person namely Pappu Yadav alias

Patna High Court CR. MISC. No.14210 of 2019(2) dt.07-03-2019 2/2 Prince Raj two live cartridges of 8 mm was recovered and third person who disclosed his name Raj Kumar alias Mithu on search two live cartridges and two touch screen mobile was sized from his possession. He submits that one Pulser motorcycle was also recovered. He further submits that they confessed before the police that they were preparing for robbery/loot and also disclosed the name of their associates including the name of this petitioner. Learned counsel for the petitioner would submit that the name of the petitioner was disclosed by co-accused in their confessional statement and the petitioner is in custody since 14.12.2018.

Considering the fact that petitioner has no criminal antecedent and his name was disclosed by the co-accused, the Court is inclined to grant bail to the petitioner. Let, the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Deheri in connection with Dehri (T) P.S. Case No. 1124 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T