Patna High CourtCR. MISC./38893/2024bail granted

Devendra Kumar Sharma @ Nanki @ Devendra Sharma v. The State Of Bihar

2024-09-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38893 of 2024 Arising Out of PS. Case No.-136 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Devendra Kumar Sharma @ Nanki @ Devendra Sharma S/O CHHOTELAL SHARMA VILL JITWARPUR KUMHRA, P.S SARAIRANJAN, DISTTSAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mushrigharari P.S. Case No. 136 of 2022 registered for the offence punishable under Sections-25(1-B)a/26/35 of the Arms Act.

3. Allegedly, in course of vehicle checking, three persons boarded on a bike came rashly and seeing the police party, they tried to flee away but all of them were apprehended by the police and from possession of the petitioner, one loaded country-made Katta along with mobile has been seized by the police.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.38893 of 2024(5) dt.30-09-2024 2/2 that the petitioner is under custody since 04-08-2022. It has further been submitted that though the charges were framed on 15-12-2022 but till date, not a single witness has been examined.

5. On the otherhand, Mr. Shailendra Kumar, learned counsel appearing for the State has opposed the prayer for bail by submitting that the petitioner is involved in a number of cases.

6. Considering the prolonged custody and snail pace of the trial, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Samastipur in connection with Mushrigharari P.S. Case No. 136 of 2022 with condition that the petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) A.K.V.//- U T