Patna High CourtCR. MISC./34230/2024bail granted

Bijendra Sharma @ Kariman Sharma v. The State Of Bihar

2024-05-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34230 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Bijendra Sharma @ Kariman Sharma, age 55 years, Male, S/o Late Ram Ekbal Singh, R/o Village- Sadawah, P.S.- Dulhin Bazar, Dist-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rudra Deo, Advocate For the Opposite Party :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dulhin Bazar P.S. Case No. 345 of 2023 dated 17.10.2023 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, two country made pistols and five live cartridges are alleged to have been recovered from possession of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.34230 of 2024(2) dt.13-05-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from possession of the petitioner. The members of the raiding party are the seizure list witnesses in the present case. There is no compliance of Section 100 of the Cr.P.C. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 345 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are

Patna High Court CR. MISC. No.34230 of 2024(2) dt.13-05-2024 3/3 liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T