Dilip Sharma @ Mukhiya @ Dhoni @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28937 of 2019 Arising Out of PS. Case No.-19 Year-2016 Thana- MUFFASIL District- Aurangabad ====================================================== Dilip Sharma @ Mukhiya @ Dhoni @ Munna Son of Shivbhajan Sharma Resident of Village- Utrikala, P.S.- Hussainabad, District- Palamu (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and Sections25(1-b)a, 26, 35 of Arms Act. Allegedly, in course of verification and necessary action, the informant with police personnel proceeded to GT road, where six miscreants succeeded in fleeing away but four miscreants including one Prince Kumar Singh were apprehended. On search, country-made pistols and cartridges were recovered from apprehended miscreants.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.28937 of 2019(4) dt.17-08-2019 2/2 petitioner. The petitioner is in custody since 19-02-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of arms from possession of the petitioner. The petitioner has already remained in custody for approximately 11 months. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 19 of 2016, S.Tr. No. 293 of 2016/11 of 2019.

(Sudhir Singh, J) A.K.V.//- U T