Amitabh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27492 of 2022 Arising Out of PS. Case No.-357 Year-2019 Thana- PARSA District- Saran ====================================================== AMITABH SHARMA S/o Late Baij Nath Sharma R/o Village- Bisunpura, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 25(1-AA), 25(1-B), (4) (C), 26 and 35 of the Arms Act.

As per the prosecution case, the police party got some secret information that the petitioner and co-accused person are involved in illegal manufacturing of arms. On such information, the police party reached the Dalan of the co-accused Baij Nath Sharma and conducted a raid in presence of the members of the raiding party. As per the First Information Report the police

Patna High Court CR. MISC. No.27492 of 2022(4) dt.26-09-2022 2/2 recovered one country-made pistol lying under the bed from the Dalan and several other articles suggesting that those were being used for manufacturing of arms.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not arrested on the spot and there is no direct or specific allegation against the petitioner and the petitioner has no role in this crime. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2021.

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

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, 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 Court concerned,Saran in connection with Parsa P.S. Case No. 357 of 2019.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T