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Patna High CourtCR. MISC./45030/2022bail granted

Wakil Sharma @ Vakil Sharma @ Vakil v. The State Of Bihar

2022-12-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45030 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== WAKIL SHARMA @ VAKIL SHARMA @ VAKIL S/O LATE AMMO SHARMA Resident of village- Swaropchak, P.S.- Goradih, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 25(1)(1-AA), 25(1-B) (C), 26, 28 and 35 of the Arms Act.

The earlier application for bail of the petitioner was rejected vide order dated 4.3.2022 passed in Cr. Misc. no.46780 of 2021.

As per the prosecution case, on a raid being conducted in the house of the petitioner large number of articles meant for manufacture of illegal arms as detailed in the F.I.R. were recovered.

It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. He is in custody since 5.2.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.45030 of 2022(5) dt.07-12-2022 2/2 Learned A.P.P. appearing for the State while opposing the prayer for bail of the petitioner submits that in compliance of the directions contained in order dated 23.11.2022 passed in the instant case, the S.H.O. of Goradih O.P., Sabour P.S. is present in Court along with the antecedent report according to which the petitioner has no criminal antecedent.

The antecedent report produced by the S.H.O. of Goradih O.P., Sabour P.S. is taken on record. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioner having remained in custody since 5.2.2021 and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.426 of 2021 (arising out of Sabour (Goradih) P.S. Case no.45 of 2021) 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 Additional District and Sessions Judge VIII, Bhagalpur.

(Partha Sarthy, J) Saurabh/- U T