Prabhat Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77260 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- HULASGANJ District- Jehanabad ====================================================== Prabhat Sharma, son of Vinay Sharma @ Ram Vinay Sharma, resident of Village-Kandoul, P.S.-Hulasganj, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.09.2018 in a case registered for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act. The prosecution case got initiated on the selfstatement of A.S.I. Rambrat Prasad, Hulasganj Police Station on 06.09.2018 is to the effect that the informant during patrolling, received an information to the effect that the petitioner is travelling with illegal arms from Kandaul to

Patna High Court Cr.Misc. No.77260 of 2018(5) dt.29-01-2019 2/3 Hulasganj, whereupon, the informant along with the other police personnel reached near Chuharmal Chowk and found that one motorcycle borne person, after seeing the police party is trying to escape from the scene. However, on chase being made by the police along with other police personnel, the petitioner was caught. On frisking, one country made pistol and ten live cartridges and a Micromax mobile phone were recovered from his possession.

It is submitted by learned counsel for the petitioner that for the same occurrence, three other cases have been registered and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that though the petitioner is accused in four other cases, but he is on bail in three cases lodged on the same day, which shows the highhandedness of the police.

Learned APP for the State after going through the case diary submits that recovery has been made from the petitioner.

Considering the nature of recovery and in view the fact that investigation has already been concluded and the period in custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.77260 of 2018(5) dt.29-01-2019 3/3 two sureties of the like amount each to the satisfaction of learned SDJM, Jehanabad in connection with Hulasganj P.S. Case No.165/2018.

(Dinesh Kumar Singh, J) Ashwini/- U