Vijay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45206 of 2025 Arising Out of PS. Case No.-177 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Vijay Sharma S/o Raja Thakur R/o Vill - Jafrabad Tok, P.S. - Raghopur (Rustampur O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-A), 35, 26(1), 25(1-AA)/25(1-B)a of the Arms Act.

3. The case of the prosecution is that from the possession of the petitioner, one country made pistol and live cartridge were recovered. When his shop was searched, lathe machine and other articles used in manufacturing arms were also recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has submitted that the petitioner is a motor mechanic and the articles which have been

Patna High Court CR. MISC. No.45206 of 2025(2) dt.04-07-2025 2/3 recovered are the articles which are generally there in the workshop of the mechanic. He has also submitted that in this case, charge sheet has been submitted and cognizance has also been taken. It has also been argued by the learned counsel for the petitioner that had he been dealer in arms must be having criminal antecedent. Petitioner is having criminal antecedent of one case. It has also been argued by learned counsel for the petitioner that the bail of the petitioner was rejected by this Court vide order dated 20.02.2025 in Cr. Misc. No. 75386 of 2024 but a liberty was given to him to renew his prayer for bail after completion of custody of one year. Apart from the merit, it has been submitted that petitioner has completed the period of custody of one year.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 177 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.45206 of 2025(2) dt.04-07-2025 3/3 Chief Judicial Magistrate, Vaishali at Hajipur. (Ashok Kumar Pandey, J) Shubham/- U T