Ram Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51377 of 2022 Arising Out of PS. Case No.-297 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ram Prakash Sharma, (Male), aged about 35 years, Son of Late Jadubir Sharma, R/V- Nath kharsa P.S- Mehandiya, Dist- Arwal Bihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 297/2021 registered for the offence under Sections 25 (1-b)a and 26 of the Arms Act. The prosecution case, in brief, is that one co-accused person, namely, Vikash Kumar Singh, was apprehended with arms and ammunition and on query, he has confessed that he has purchased the same from this petitioner.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.51377 of 2022(2) dt.16-12-2022 2/2 the petitioner is in custody since 18.02.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused, namely, Vikash Kumar Singh. Except for confessional statement, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Aurangabad Town P.S. Case No. 297 of 2021.

(Sudhir Singh, J) U.K./- U T