Vimal Sharma @ Bimal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50147 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== VIMAL SHARMA @ BIMAL SHARMA S/O JAGESHWAR SHARMA Resident of village- Naula, P.S.- Bhagwanpur, District- Begusarai (Shivhar wrongly typed in Impugned Order) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhagwanpur PS case no. 95 of 2021 instituted for the offences punishable under Section 414 of Indian Penal Code and Sections 25(1-b)a, 26 of Arms Act.

The allegation is regarding the police having apprehended the co-accused person namely Mohan Rai and from his possession, three country made pistols and one motorcycle was recovered. Upon inquiry, it transpired that the motorcycle in question is a stolen motorcycle and as far as the arms are concerned, the said Mohan Rai disclosed that he has purchased the same from the petitioner.

Patna High Court CR. MISC. No.50147 of 2022(2) dt.09-12-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 21.05.2022. It is further submitted that the petitioner is an accused in five other cases but he is on bail in all the said cases, nonetheless, it is submitted that the petitioner is ready to abide by such conditions, as this Court deems fit and proper to impose upon him for the purposes of grant of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no illicit arms have been recovered from the conscious possession of the petitioner and he has been merely named by the co-accused person namely Mohan Rai, to be the person, from whom he had purchased the illicit arms, though I deem it fit and appropriate to admit the petitioner to the privilege of bail, however, subject to certain conditions, considering the bad antecedent of the petitioner. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of

Patna High Court CR. MISC. No.50147 of 2022(2) dt.09-12-2022 3/3 Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Begusarai in connection with Bhagwanpur PS case no. 95 of 2021.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T