Sushil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31473 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Sushil Kumar Sharma S/o Sri Arun Sharma Resident Of Village Mithai Ward No 6 PS and District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raghopur P.S. Case No. 306 of 2023 lodged on 12.08.2023 under Sections 25(1-B)a, 26/35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the present petitioner. It is alleged that one country-made pistol along with four live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is not clean as four more criminal cases were pending against him and due to this reason, the police have implicated him in this case under a conspiracy. The petitioner is in custody since 13.08.2023. Learned counsel for

Patna High Court CR. MISC. No.31473 of 2024(3) dt.19-07-2024 2/2 the petitioner further submits that on an earlier occasion, case diary has been called for. In the case diary, nothing incriminating has come against the petitioner save and except which has been alleged in the FIR.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is accused of the Arms Act and is in custody for about 11 (eleven) months.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if already not framed as well as the trial Court on being satisfied that the petitioner is not absconding in Bhaptiyahi P.S. Case No. 131 of 2018; (ii) Raghopur PS Case No. 220 of 2023; (ii) Barahat P.S. Case No. 796 of 2019 and (iv) Barahat P.S. Case No. 797 of 2019, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Birpur Supaul, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T