Prakash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49359 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- KOTWALI District- Munger ====================================================== Prakash Kumar Sharma, son of Late Munnilal Sharma, R/O VillageMaksuspur, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-12-2022 This matter has been listed today for consideration through video conferencing.

Let the defect(s), as pointed out by the office be removed within a period of four weeks from today and a hard copy of the original main petition be filed within the aforesaid period.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kotwali P. S. Case No. 149 of 2022 registered for the offence punishable under Sections 25(1-A) / 26 (1-B) / A / 26 (i) (ii) / 30 / 35 of the Arms Act.

The allegation against the petitioner is regarding recovery of certain illegal arms from the gun factory of the

Patna High Court CR. MISC. No.49359 of 2022(2) dt.09-12-2022 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner is owner of the factory which is in the name of all the six brothers having equal share and no incriminating article has been recovered from the possession, house and factory of this petitioner. Petitioner is in custody since 10.04.2022 and he is aged about 72 years.

In the facts and circumstances of the case as also the period of custody and nature of allegation, the Court is inclined to grant bail to the petitioner. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 149 of 2022. (Sunil Dutta Mishra, J) saurabhkr/- U T