Suryadeo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54994 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- AKHODHIGOLA District- Rohtas ====================================================== SURYADEO SHARMA Son of Jayram Sharma Resident of VillageLangesher Bigha, P.O.- Akodhigola, P.S.- Akodhigola, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Siddharth Harsh, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Akodhigola PS Case No. 156/2020 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per First Information Report, four guns along with nine used cartridges have been recovered from the house of Jairam Sharma, father of the petitioner and the petitioner was arrested while he was running away upon seeing the police party.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the police with oblique motive. He further submits that from perusal of the FIR, it would be evident that the petitioner along with his father

Patna High Court CR. MISC. No.54994 of 2021(2) dt.19-05-2022 2/3 and brother was made accused in Akodhigola PS Case No. 155/2020 registered under Section 302 of the IPC and Section 27 of the Arms Act and the police during course of investigation of the said case arrived at the house of Jairam Sharma i.e., father of the petitioner and recovered fire arms which would be evident from seizure list and a copy of which was handed over only to the co-accused, father of the petitioner, Jairam Sharma and the petitioner was made accused mainly because he happens to be the son of Jairam Sharma and lives with other family members. The fire-arm has not been recovered from his conscious possession and the petitioner is in custody since 21.01.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 21.01.2021, from the seizure list it appears that fire-arms have been recovered from the house belonging to the father of the petitioner and a copy of seizure list was handed over only to the co-accused, father of the petitioner, Jairam Sharma, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SURYADEO SHARMA be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.54994 of 2021(2) dt.19-05-2022 3/3 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Dehri, Rohtas in connection with Akodhigola PS Case No. 156/2020.

(Anil Kumar Sinha, J) perwez U T