Akshay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38104 of 2019 Arising Out of PS. Case No.-517 Year-2018 Thana- GARKHA District- Saran ====================================================== Akshay Kumar Sharma Son of Shambhu Sharan Sharma Resident of VillageMoti Rajpur, Dakhin Tola, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with S. Tr. No. 160 of 2019 arising out of Garkha P.S. Case No. 517 of 2018 registered for the offence under Sections 399, 402 & 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, on receiving secret information, that some accused persons were planning to commit crime, the informant and other police personnel reached there. But seeing the informant, the accused persons attempted to flee away but four persons including the petitioner were arrested and on search, a loaded country made Katta and live cartridge were recovered from this petitioner while recovery

Patna High Court CR. MISC. No.38104 of 2019(2) dt.05-07-2019 2/2 was made from other accused also.

It is submitted by the learned counsel for the petitioner that petitioner has falsely been implicated in this case. Other co-accused who were also caught on spot, have been enlarged on bail vide order dated 20.05.2019, 1.4.2019 and 16.04.2019 passed in Cr. Misc Nos. 33024/19, 19455/19 and 24549/19, respectively. Petitioner has no criminal antecedent and he is in custody since 29.11.2018.

The application for bail is opposed by the learned APP for the State submitting that petitioner was arrested on spot with loaded country made Katta.

Having heard the learned counsel for the parties and considering the fact that other similarly situated co-accused have already been granted bail by the orders mentioned above, this Court is inclined to grant bail to the petitioner. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge, Saran at Chapra in connection with S. Tr. No. 160 of 2019 arising out of Garkha P.S. Case No. 517 of 2018. sushma/- (Partha Sarthy, J) U T