Arun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41189 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== ARUN SHARMA Son of Bindeshwari Sharma Resident of Village- Pipahar Tanfir, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh Ms.Deep Nishi For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kasim Bazar Police Station Case No. 263 of 2020, registered for the offences punishable under Sections 25 (1-A)/25 (1AA)/25(1-B)a/26(i) (ii)/35 of the Arms Act. The prosecution case, as per the First Information Report, is that altogether eight pieces of country-made pistols were recovered from the conscious possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and at the time of search and seizure, the procedure prescribed under the provisions of the Code of Criminal Procedure has not been

Patna High Court CR. MISC. No.41189 of 2021(2) dt.31-01-2022 2/2 followed. He further submits that the petitioner is in custody since 25.09.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that a large number of fire arms have been recovered from the conscious possession of the petitioner and the petitioner has got criminal antecedent also, I am not inclined to grant regular bail to the petitioner. This application is, accordingly, dismissed.

However, the petitioner will be at liberty to renew his prayer for bail after six months from today if the trial does not register substantial progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √