Shambhoo Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78963 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- GAUNAHA District- West Champaran ====================================================== Shambhoo Sharma, S/o Late Chokat Sharma R/o village- Pachkahar, P.S.- Gaunaha, District-West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Adv.
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Sri Shailendra Kumar -1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Gaunaha P.S. Case No. 61 of 2018 registered for the offences punishable under Sections 25(1-a) 25(1-b)a, 25(1aa), 26, 29, 35 of the Arms Act.
Informant who is a police officer has alleged in his written complaint that on specific information that a mini gun factory is being run in which arms and ammunition are being manufactured and on receiving such information he raided the house of the petitioner and three persons were arrested from the said house including petitioner.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.78963 of 2018(3) dt.27-02-2019 2/3 that nothing was recovered from his conscious possession. He has no criminal antecedent although five half made arms were recovered along with some cartridges from his house and for which his son has already been made accused in this case. He is innocent having no criminal antecedent and is in custody since 09.06.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 61 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.78963 of 2018(3) dt.27-02-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T