Pappu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61372 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== Pappu Sharma, aged about 36 years (M) Son Of Nage Sharma Resident Of Village - Raipur, Police Station - Bihpur (Bhawanipur O.P.), District - Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Bihpur P.S. Case No.167 of 2022 registered for an offence punishable under Sections 37(C) and 45 of the Bihar Prohibition and Excise Act and Sections 25(1-B)a, 26, 35 and 25(B) of the Arms Act as well as Section 411 of the IPC.
3. As per allegation in the FIR, the informant along with police party reached at the alleged place and after seeing the police, four persons trying to fleeing away and on chase, one person was caught who disclosed the name of other co-accused persons. On search, one loaded pistol was recovered from the hotel of the petitioner.
Patna High Court CR. MISC. No.61372 of 2023(6) dt.19-02-2024 2/3
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that on perusal of the FIR, it would appear that the petitioner was not arrested at the spot and no any incriminating substance was recovered from the conscious possession of the petitioner and similarly situated co-accused person has already been granted regular bail by a co-ordinate Bench of this Court passed in Cr. Misc. No. 31071 of 2022 and petitioner is in custody since 24.06.2023.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and as well as the fact that similarly situated co-accused person has already been granted regular bail by a Co-ordinate Bench of this Court, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur in connection with Bihpur P.S. Case No. 167 of 2022.
7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of
Patna High Court CR. MISC. No.61372 of 2023(6) dt.19-02-2024 3/3 fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted, then the above named petitioner shall be released on bail on above conditions and the petitioner shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T