Jagarnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45291 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== 1.

Jagarnath Sharma Son Of Late Ram Lakhan Sharma R/O Village- Bhirar, Ps- Singhia, District- Samastipur 2.

Amarnath Sharma S/O Late Ram Lakhan Sharma R/O Village- Bhirar, PsSinghia, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Singhia P.S Case No. 71/2024 dated 02.04.2024 registered for the offence punishable u/s 25(1-AA), 25(1-AC), 25(1-A), 25(1-B)(a), 26(i)(ii) and 35 of the Arms Act.

3. As per the prosecution case, a country-made pistol, two half made country-made pistol, one barrel, three iron drill machine, three structure of country-made pistol, one trigger guard, one angle grinder, cartridges were recovered from the house of the petitioners.

Patna High Court CR. MISC. No.45291 of 2024(2) dt.16-07-2024 2/3

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Singhia P.S Case No. 71/2024, with the conditions:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled. (ii). If the petitioners are found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of their bail bonds.

Patna High Court CR. MISC. No.45291 of 2024(2) dt.16-07-2024 3/3

7. The application stands allowed.

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