Bunilal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29747 of 2020 Arising Out of PS. Case No.-300 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== BUNILAL SHARMA S/o Late Raghubar Sharma Resident of MohallaShastri Nagar, P.S.-Siwan Town, District-Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 25(1-a)/26(2)/35 of the Arms Act.

Allegedly, one country made pistol along with 19 cartridges is recovered in this case.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.29747 of 2020(2) dt.10-11-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-07-2020. Charge sheet has already been submitted. One country-made pistol along with 19 cartridges is said to have been recovered from co-accused Babloo Sharma. Title suit is pending between the petitioner and the co-accused Babloo Sharma. Babloo Sharma happens to be step brother of the petitioner. The petitioner has been falsely implicated in the present case at the instance of co-accused. He has got no concern with the alleged occurrence. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is 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 Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 300 of 2020.

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