Amarnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24954 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- SINDHIYA District- Samastipur ====================================================== Amarnath Sharma Son of Late Ram Lakhan Sharma Resident of VillageBhirar, P.S.- Singhia, District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Petitioner seeks bail in connection with Singhia P.S. Case No. 02 of 2025 registered for the offences under Sections 25(1-B)/a, 26, 35 of the Arms Act.

3. The petitioner is named in the First Information Report and is in custody since 06.01.2025.

4. Allegation against the petitioner is to have in possession of one country made pistol without cartridge.

5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has been falsely implicated with present case only on the basis of suspicion arising out of the fact that one similar nature of case was

Patna High Court CR. MISC. No.24954 of 2025(3) dt.25-07-2025 2/3 already registered against him as Singhia P.S. Case No. 71/2024. It is submitted that from the seizure list, it can be gathered that recovery of country made pistol prima facie appears doubtful from conscious physical possession of petitioner.

6. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. Considering the facts and circumstances as mentioned above and by taking note of the nature of accusation, where investigation of this case is already completed, coupled with the fact that petitioner is in custody since 06.01.2025, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Rosera, Samastipur, in connection with

Patna High Court CR. MISC. No.24954 of 2025(3) dt.25-07-2025 3/3 Singhia P.S. Case No. 02 of 2025, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T