Patna High CourtCR. MISC./42707/2021bail granted

Vijay Sharma v. The State Of Bihar

2022-01-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42707 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== Vijay Sharma Son of Rameshwar Sharma R/O village - Chain tola Toufir, P.S.- Muffassil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and Shri Anuj Kumar Shrivastava, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 239 of 2020 instituted for the offences under Sections 25(1-A), 25(1-AA), 25(1-B)a, 26(1)(ii) and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.11.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of eleven country-made pistol and four live cartridges form the possession of Rupesh and Sanjay Chaudhary.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42707 of 2021(2) dt.12-01-2022 2/2 petitioner was not arrested from the spot and as such nothing was recovered from his possession and name of the petitioner came in the confessional statement of co-accused. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.11.2020, charge-sheet has been submitted in the case, the petitioner was not arrested from the spot and his name came in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 239 of 2020 with a condition that one of the bailors shall be the father of the petitioner.

(Satyavrat Verma, J) Rishi/- U T