Shiv Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10428 of 2018 Arising Out of PS.Case No. -295 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Shiv Sharma Son of Sri Parma Mistri Resident of Village- Lodipur, Police Station- Mehandia in the district of Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Daudnagar P.S. Case No.295 of 2017, a case under Sections 25(1b)a/35 of the Arms Act. A country-made pistol was allegedly recovered from the possession of the petitioner.

Submission is that no cartridge was recovered. Hence, the fire-arm was useless. The petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 23.10.217.

Considering the nature of allegation, let the petitioner, above named, be released on bail on completion of

Patna High Court Cr.Misc. No.10428 of 2018 (2) dt.22-02-2018 P2/ nine months of custody if the trial is not concluded in the meantime on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T