Ram Niwas Sharma @ Hanuman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15642 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -ROSHANGANJ District- GAYA ======================================================

1. Ram Niwas Sharma @ Hanuman S/o Late Banke Sharma, Resident of Village- Faridpur, P.S.- Ghosi, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Roshanganj P.S. Case No. 174 of 2016 registered for the offences punishable under Sections 25(1-B)A, 26 and 35 of the Arms Act and Section 17 of C.L.A. Act.

Allegedly, one loaded country made Katta, one live cartridge and a mobile were recovered from possession of the petitioner and the petitioner has got criminal antecedent also. Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner. He has been made victim of the circumstances. The petitioner is suffering in custody since 19.12.2016. Other co-accused Shiv

Patna High Court Cr.Misc. No.15642 of 2017 (3) dt.01-05-2017 2/2 Kumar Singh Bhokta has been allowed regular bail vide Criminal Miscellaneous No. 14609 of 2017 by another co-ordinate Bench of this Court and, as such petitioner also deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sherghati (Gaya) in connection with Roshanganj P.S. Case No. 174 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U