Rajan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26177 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== RAJAN SHARMA, aged about 22 years, Male, Son of Late Rajendra Sharma, Resident of Village- Chota Telpa Rawal Tola, Police Station- Chapra Town, District- Saran ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Prabhat, Adv.

For the Opposite Party :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 10.01.2019 in connection with Chapra Town P.S. Case No. 18 of 2019 for the offences alleged under Sections 25(1-b)a, 25(1AA), 26(i)(2) and 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on secret information that in the house of one Raju Sharma illegal arms are being manufactured, raid was conducted, four persons, including the petitioner, were apprehended and on search large number of apparatus for manufacturing arms and unfinished arms and ammunitions and four country made pistols were recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court CR. MISC. No.26177 of 2019(2) dt.08-05-2019 2/3 been falsely implicated in the aforesaid case. He had come to the joint house for settling the dispute amongst brother and has been apprehended in the meantime. It is, further, submitted that charge sheet has been been submitted, there being no allegation of tampering with the prosecution witnesses/evidence. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that huge quantity of unfinished arms and ammunitions and articles used in manufacturing arms and ammunitions have been recovered along with four country made pistols and cartridges.

Considering the nature of allegations, the period of custody and that charge sheet has already been submitted coupled with the fact that that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Chapra Town P.S. Case No.

Patna High Court CR. MISC. No.26177 of 2019(2) dt.08-05-2019 3/3 an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T