Banti Sharma @ Banti Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31673 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== BANTI SHARMA @ BANTI KUMAR SHARMA SON OF DEVENDRA SHARMA Resident of Village-Mohalla-Chhoti Keshopur, P.S.-Jamalpur, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-A), 25(1-AA), 25(1-b)a, 26(i)(ii), 35 of Arms Act. As per FIR, prosecution case relates to recovery of one country made pistol along with two live cartridges and ten pieces of semi manufactured country made pistols from the possession of this petitioner who is alleged to have indulged in purchasing of illegal arms.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.31673 of 2023(2) dt.24-06-2023 2/2 concern with the co-accused or with alleged arms which were seized by the police. It is further submitted the provision of Cr.P.C. has been followed by the prosecution. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 12.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasim Bazar P.S. Case No. 303 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, II, Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T