Ratan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51440 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== RATAN SHARMA SON OF SATYA NARAYAN SHARMA @ SATYA NARAYAN THAKUR R/O VILLAGE- RAGHUNATHPUR WARD NO.-4, P.S.- RAGHUNATHPUR (O.P.), DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conference. Heard learned counsel for the petitioner and learned A.P.P for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1-b) a, 26, 35 of the Arms Act and 8 (c), 21 (b) of the Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act).
As per the prosecution case, on secret information, the informant along with police personnel reached at village
Patna High Court CR. MISC. No.51440 of 2022(2) dt.09-12-2022 2/3 Shyampur Chhat Ghat and on seeing the police personnel, all miscreants were trying to flee. Thereafter, on chase, three persons were apprehended, who disclosed their names as Ratan Sharma (petitioner), Sunil Paswan and Rajkumar Sah. During the course of search, one magazine containing four cartridges were recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that as per the allegation levelled in the F.I.R shows that alleged magazine containing four cartridge was found on the road side in abondoned condition but innocent person like the petitioner indulged into hot altercation with the police and therefore, he was implicated.
It is also submitted that the petitioner has no concern with the psychotropic substance which was recovered from the other co-accused. The petitioner is in custody since 10.06.2022, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with
Patna High Court CR. MISC. No.51440 of 2022(2) dt.09-12-2022 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Motihari, East Champaran in connection with Adapur P.S. Case No. 174 of 2022. (Khatim Reza, J) Sankalp/- U T