Sumit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46503 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

SUMIT SHARMA Son of Late Rajendra Sharma Resident of Village/Mohalla- Chota Telpa, Rawal Tola, P.S.- Chapra Town, DistrictSaran. 2.

Raju Sharma Son of Late Rajendra Sharma Resident of Village/MohallaChota Telpa, Rawal Tola, P.S.- Chapra Town, District- Saran. 3.

Amit Sharma Son of Late Rajendra Sharma Resident of Village/MohallaChota Telpa, Rawal Tola, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Chapra Town P.S. Case No. 18/2019, instituted for offence under Section(s) 25(1-b)a, 25 (1-AA), 26(1)(2) and 35 of Arms Act.

Learned counsel for the petitioners has submitted that petitioners have clean antecedent. The other co-accused, namely, Rajan Sharma, with similar allegation has already been granted bail by a Co-ordinate Bench of this Court vide order dated 08.05.2019 passed in Cr. Misc. No. 26177/2019. Petitioners are brother of Rajan Sharma. Rajan Sharma was

Patna High Court CR. MISC. No.46503 of 2019(2) dt.01-08-2019 2/2 arrested on the spot.

It is alleged in the written report that articles meant for manufacturing illegal arms were recovered from the house of Raju Sharma (Petitioner No. 2). It is alleged that on the spot three other accused persons were also arrested by the police. From perusal of seizure-list it appears that all the recovered articles were either damaged or of general nature. Petitioners are in custody since 11.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 18/2019, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T