Pappu Sharma @ Pappu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23900 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -PASRAHA District- KHAGARIA ====================================================== Pappu Sharma @ Pappu Kumar Sharma Son of Nageshwar Sharma @ Nago Sharma Resident of Village - Nawatolia, P.S. - Pasraha, District - Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar, Advocate. For the Opposite Party : Mr. Manoj Kumar-I (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 25 (1-B) A/26/35 of the Arms Act. Allegedly, on 14.02.2015 during raid three miscreants riding on motorcycle were stopped and during search from possession of the petitioner one loaded country made pistol and further two live cartridges and one Samsung mobile were recovered.

Submission is of false implication and that the alleged search and seizure were not prepared in accordance with law and the petitioner by remaining in custody since 14.02.2015 for his no fault has been sufficiently penalized. Charge sheet has already

Patna High Court Cr.Misc. No.23900 of 2015 (4) dt.05-10-2015 2/2 been submitted and there is no chance of tampering with the prosecution evidence, to which the learned A.P.P. opposes. In the facts and circumstances as stated above, considering detention of the petitioner, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Khagaria in Pasraha P.S. Case No. 14 of 2015, subject to the conditions that one of the bailors must be a 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) Abhay/- U T