Mithu Kumar Sharma v. The Satte Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28123 of 2021 Arising Out of PS. Case No.-567 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Mithu Kumar Sharma S/O Dilip Sharma R/O Khushkibag, Chauhan Tola, P.S.-SADAR, District-Purnea.

... ... Petitioner/s

Versus

THE SATTE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Bidhu Ranjan, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard.

The petitioner seeks regular bail in connection with Sadar P.S. Case No. 567 of 2019 for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

The allegation is regarding the petitioner having been arrested by the police whereupon one country made pistol along with two live cartridges is alleged to have been recovered from him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 09.11.2019. The learned counsel for the petitioner has further submitted that the other case bearing Purnea Sadar P.S. Case No. 564 of 2019, instituted under Sections 302/120B/34 of the Indian Penal Code and 27 of the Arms Act, 1959, was also lodged against the

Patna High Court CR. MISC. No.28123 of 2021(2) dt.09-12-2021 2/2 petitioner in continuation of the present case, however, the petitioner has already been granted bail in the said case vide order dated 15.01.2021 passed in Cr. Misc. No. 31837 of 2020. Per contra, Shri Arun Kumar Singh, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has been granted bail in the main case as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Sadar P.S. Case No. 567 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T