Hari Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5792 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- BHITAHA District- West Champaran ====================================================== 1.

HARI SHARMA Son of Late Ganga Sharma Resident of VillageHathuahava, P.S.- Bhitaha, Distt- West Chamapran. 2.

SATAN SHARMA Son of Late Indrasan Sharma Resident of VillageHathuahava, P.S.- Bhitaha, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv Mr.Ravi Nandan Sahay, Adv For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-07-2021 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in Bhitaha P.S. Case No. 132 of 2020 registered for the offence punishable under sections 25(1-A), 25(1-AA), 25(1-B)a, 26(1)(2) & 35 of the Arms Act .

Allegation against the petitioners is of being arrested from the banana field of Bijali Gond where they were illegally assembling fire arms.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case on suspicion. Petitioners are is in custody since 07.09.2020.

Patna High Court CR. MISC. No.5792 of 2021(5) dt.26-07-2021 2/2 Considering the fact that petitioners have been arrested from the spot and the fact that they have criminal history and have been earlier also involved in similar nature of offence, I am not inclined to enlarge them on bail. Hence, the prayer for bail of the petitioners is hereby rejected.

However, it is observed that petitioner may renew his prayer for bail after framing of charge.

(S. Kumar, J) ranjan/- U