Munna Sharma @ Munna Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41070 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- RUPASPUR District- Patna ====================================================== MUNNA SHARMA @ MUNNA KUMAR SHARMA SON OF FULAN SHARMA RESIDENT OF VILLAGE- GAGAURA, P.S DHANSOI, DISTRICT BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Rupaspur P.S. Case no. 42 of 2020 registered under sections 399 and 402 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act. As per allegation in the FIR, a loaded country made pistol and 360 ml. of illicit liquor is stated to have been recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. No incriminating article has been recovered from his possession. The petitioner is in custody since 3.2.2020 i.e. for more than one year.

Patna High Court CR. MISC. No.41070 of 2020(2) dt.10-03-2021 2/2 The application for bail is opposed by learned APP for the State, who submits that the petitioner has four earlier cases against him including the cases under the Arms Act and the Bihar Prohibition and Excise Act.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 3.2.2020, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rupaspur P.S. Case no. 42 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna.

(Partha Sarthy, J) sushma/- U T