Mukhram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61552 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- NTPC District- Patna ====================================================== Mukhram Sharma Son of Vijay Ratan Singh Resident of Village - Dhibar, P.S.- N.T.P.C. Barh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmod Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with N.T.P.C. Barh PS case no. 28 of 2020 instituted for the offences punishable under Sections 25(1-b)a, 26 of Arms Act. The allegation is regarding the petitioner having been apprehended by the police and upon search, one countrymade pistol was recovered from his waist. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 19.05.2020. The learned counsel for the petitioner has further submitted that the petitioner has already been punished suitably on account of period of custody

Patna High Court CR. MISC. No.61552 of 2021(2) dt.01-04-2022 2/2 already undergone by him.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since about two years, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class, Barh in connection with N.T.P.C. Barh PS case no. 28 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T