Patna High CourtCR. MISC./44718/2017bail granted

Subhash Sharma v. The State Of Bihar

2017-09-21Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44718 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Subhash Sharma Sono of Narayan Mistry Resident of Village-Dhamana, P.S. Jhajha, District-Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -2, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Jhajha P.S. Case No. 137 of 2017 registered under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A/26/35 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that he was present along with other co-accused when the raid was conducted by police but from the narration of facts in the F.I.R. as well as the Seizure List it would appear that no arms or ammunitions has been recovered from the possession of this petitioner. Only one mobile phone is said to have recovered from the pocket of the petitioner loaded with a SIM which could not be explained. Learned counsel further submits that the petitioner has got no criminal antecedent as stated

Patna High Court Cr.Misc. No.44718 of 2017 (2) dt.21-09-2017 2/2 in paragraph 3 of the application.

Learned A.P.P. for the State opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, namely, Subhash Sharma, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui in Jhajha P.S. Case No. 137 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Dilip, AR U T