Munna Sharma @ Manish Sharma @ Manish Kumar @ Manish Sharam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29084 of 2017 Arising Out of PS.Case No. -402 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Munna Sharma @ Manish Sharma @ Manish Kumar @ Manish Sharam Son of Laxmi Sharma @ Laxmi Narayan Sharma Resident of VillageGairkhi, Police Station- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2017 Heard both sides.

The petitioner apprehends his arrest in Araria P.S. Case No. 402 of 2016 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

The informant lodged the case against unknown for recovery of pistol in the pocket of a dead body. Learned counsel for the petitioner submits that Baidyanath Yadav lodged Araria P.S. Case No. 401 of 2016 against Lalita Devi, Parmanand Sharma and unknown persons for killing his son Kanhaiya Kumar. The petitioner is not named in the FIR in Araria P.S. Case No. 401 of 2016. The name of the petitioner figured in the case in the confessional statement of

Patna High Court Cr.Misc. No.29084 of 2017 (3) dt.19-08-2017 Santosh Sharma and Parmanand Sharma that too after six months of the occurrence. On the basis of confessional statement of Santosh Sharma and Parmanand Sharma in Araria P.S. Case No. 401 of 2016, the petitioner has also been made accused in the present case for recovery of arms from the possession of a dead body. The petitioner has already been enlarged on anticipatory bail in Araria P.S. Case No. 401 of 2016 vide order passed in Cr. Misc. No. 10319 of 2017 dated 13.04.2017.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Araria P.S. Case No. 402 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) KKSINHA/- U T