Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61433 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== Shankar Sah S/O Late Budhdev Sah Resident Of Village- Jaamhara, Ward No. 10, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Saharsa Sadar P. S. Case No.50 of 2021, instituted for the offences under Sections 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 15.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of a loaded country-made pistol from the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and

Patna High Court CR. MISC. No.61433 of 2021(2) dt.22-03-2022 2/2 even presuming what has been alleged is true without admitting then it is a case under the Arms Act and petitioner is in custody for more than an year.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P. S. Case No.50 of 2021, subject to condition that one of the bailors shall be the wife of the petitioner namely, Guddi Devi. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T