Rajesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20522 of 2020 Arising Out of PS. Case No.-350 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== Rajesh Kumar Sharma S/o Nares Sharma @ Dinesh Sharma Resident of Village- Gorigama, P.S.- Mahnar, Distt- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2020 The Court proceeding has been conducted through virtual mode.

Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

The petitioner is apprehending his arrest in a case initially registered for the offence punishable under Sections

Patna High Court CR. MISC. No.20522 of 2020(2) dt.13-07-2020 2/3 356, 379 of the Indian Panel Code and Sections 25(1-B)a/35 of the Arms Act. Subsequently, Section 392 of the IPC was also added.

The prosecution case, as per the written report of Pramod Kumar submitted to the Station House Officer, Mahnar Police Station, is to the effect that on 11.10.2019 at 6.00 P.M., the informant along with the petitioner and one Manish Kumar went to the flour mill of Nanki Rai but on the way to home, the petitioner and co-accused Basant Sahni snatched mobile phone of the informant and Manish Kumar and put pistol on the temporal region of the informant. It is alleged that the petitioner and co-accused Basant Sahni were caught on the spot. It is submitted by learned counsel for the petitioner that the petitioner was not apprehended on the spot and there is no recovery from the possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the fact that the petitioner in named in the FIR with specific accusation and co-accused has been charge sheeted under Section 392 of the Indian Penal Code and

Patna High Court CR. MISC. No.20522 of 2020(2) dt.13-07-2020 3/3 Sections 25(1-B)a/35 of the Arms Act, let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned Court below within a period of eight weeks from today in connection with Mahnar P.S. Case No. 350 of 2019, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T