Navin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44180 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MAHKAR District- Gaya ====================================================== Navin Sharma Son of Mithilesh Sharma Resident of Village-Mandai, P.S.- Khizersarai, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dronacharya For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 25(1-B)a/26 of the Arms Act and 20 of U.A.P. Act.

Allegation is that one country made pistol along with two live cartridges are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.03.2019. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case due to previous enmity. The name of the petitioner has transpired in the present case on the confessional statement of co-accused. One country made pistol

Patna High Court CR. MISC. No.44180 of 2019(2) dt.18-07-2019 2/2 is recovered from the possession of co-accused Sudhir Yadav and two live cartridges are recovered from co-accused Manoj Pandit. There is no recovery of any incriminating article from the conscious possession of the petitioner. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Gaya in connection with Mahkar P.S. case No.16 of 2019. (Sudhir Singh, J) Narendra/- U T