Amar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32746 of 2020 Arising Out of PS. Case No.-296 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== AMAR SHARMA Son of Ramesh Sharma Village - Bela Chapra, P.S. - Bela, District - Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Singh, Adv For the Opposite Party/s :
None.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Rudal Singh, learned counsel for the petitioner through video conferencing. No one appears for the State.
2. Petitioner seeks regular bail in connection with Muzaffarpur Sadar PS Case No. 296/2020 registered for the offence punishable under Sections 399, 402 of the IPC and Section 25 (1-b) a/26/35 of the Arms Act.
3. The allegation, as per First Information Report, is that the police, after getting an information that some miscreants have assembled in Yadav Nagar Litchi Orchard in order to commit crime, proceeded to the place of occurrence and arrested the petitioner and others along with fire-arms and from the possession of the petitioner three live cartridges have been recovered and two live cartridges were also recovered from the
Patna High Court CR. MISC. No.32746 of 2020(2) dt.07-12-2020 2/3 possession of another co-accused, namely, Md. Rehan @ Md. Hazrat Ali.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that only three live cartridges have been recovered from the possession of the petitioner and he is in custody since 04.06.2020 i.e., for about six months.
5. Learned counsel next submits that co-accused, Md. Rehan @ Md. Hazrat Ali, from whose possession two live cartridges were recovered, has been granted bail by this Court vide order dated 24.11.2020 passed in Cr. Misc. No. 30389/2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 04.06.2020 and similarly situated co-accused, Md. Rehan @ Md. Hazrat Ali has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, AMAR SHARMA be released on bail on furnishing bail bond of Rs. 20,000/-
Patna High Court CR. MISC. No.32746 of 2020(2) dt.07-12-2020 3/3 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar PS Case No. 296/2020 corresponding to G.R. No. 2224/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T