Patna High CourtCR. MISC./61406/2024bail granted

Vijay Kumar Sharma v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61406 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Vijay Kumar Sharma S/o- Late Ramnarayan Sharma Village- Harharpur, Lalgadh, P.S. Tarwara, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 154 of 2024 instituted for the offences under Section 414 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of being involved in illegal manufacturing of arms. It is alleged that the police has recovered tools used for arms manufacturing including two arms from the place of manufacturing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.61406 of 2024(2) dt.04-09-2024 2/3 alleged against him and has falsely been implicated in the present case. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the coaccused Haidar Ali. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 10.06.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on

Patna High Court CR. MISC. No.61406 of 2024(2) dt.04-09-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhagarh P.S. Case No. 154 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T