Om Prakash Sharma @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50896 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== OM PRAKASH SHARMA @ OM PRAKASH, S/O Shyam Chandra Sharma, R/O- Village- Sahtha, P.S- Bhagwanpur, District- Vaishali at Hajipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 16.06.2016 in connection with Vaishali P.S. Case No. 136/16 for offences punishable under Sections 399, 402, 414 of the Indian Penal Code and under Sections 25 (1-b), a, 26/35 of the Arms Act. The prosecution case, as lodged by the police, is that on intercepting a white colour Bolero vehicle, three persons were arrested. From the possession of petitioner one country-made pistol and one live cartridge and from the possession of one Arvind Sahani one country-made pistol and one cartridge was recovered.

It has been submitted by the learned counsel for the petitioner that he is in custody since 16.06.2016 and charge-

Patna High Court Cr.Misc. No.50896 of 2016 (2) dt.25-11-2016 2/2 sheet has already been submitted against him, hence, there is no chance of tampering with the evidence. He submits that coaccused Arvind Sahni has since been granted the privilege of bail by a Coordinate Bench of this Court on similar allegation in Cr. Misc. No. 45866 of 2016 on 21.10.2016.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances of the case and that a co-accused, on similar allegation, has been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 136/16.

(Nilu Agrawal, J.) Rajesh/- U T