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Patna High CourtCR. MISC./34022/2023bail granted

Shambhu Kumar Verma @ Shambhu Prasad Verma v. The State Of Bihar

2023-05-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34022 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== SHAMBHU KUMAR VERMA @ SHAMBHU PRASAD VERMA son of Vimal Prasad Sharma @ Vimal Prasad Verma Village- Karma Ps- Sikandara Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sikandara P.S. Case No. 45 of 2023 dated 10.02.2023 registered for the offences punishable u/s 25 (1-b) a /26 of Arms Act and 30(a) of the Bihar Prohibition and Excise Act. As per the prosecution case, total 2.250 litres of foreign liquor, a country made musket rifle, five live cartridges and a mobile phone were recovered from a car. On seeing the police two persons managed to flee away but the petitioner was apprehended while he was sitting inside the car.

Patna High Court CR. MISC. No.34022 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner has no knowledge about the said recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and clean antecedent of the petitioner, the petitioner above-named, is directed to be enlarged 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 Court concerned, Jamui in connection with Sikandara P.S. Case No. 45 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T