Patna High CourtCR. MISC./26048/2024bail granted

Ramkrishna Sharma @ Guddu Singh v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26048 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Ramkrishna Sharma @ Guddu Singh Son of Mahanth Jagannath Das @ Mahantha Jagannath Das Resident of Village- Usrahiya, Ward No. 13, P.S. Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Riga P.S. Case No. 510 of 2023, instituted for the offences punishable under Section 414 of the Indian Penal Code, Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol along with one live cartridge and one motorcycle has been recovered from the possession of the petitioner. The petitioner was apprehended on spot along with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.26048 of 2024(2) dt.05-04-2024 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. It is further submitted that the recovered motorcycle belongs to the petitioner. The petitioner is in custody since 19.12.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Riga P.S. Case No. 510 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T