Patna High CourtCR. MISC./62414/2022allowed

Hari Sharma v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62414 of 2022 Arising Out of PS. Case No.-132 Year-2020 Thana- BHITAHA District- West Champaran ====================================================== HARI SHARMA, son of Late Ganga Sharma, R/v Hathuahava, P.S. Bhitaha, Distt. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-a), 25(1-AA), 25(1-B),a, 26(1)(2) and 35 of the Arms Act.

Earlier petitioner had moved Cr. Misc. No. 5792 of 2021 for grant of regular bail which was rejected on 26.07.2021 with a liberty that petitioner may renew his prayer for bail after framing of charge.

As per allegation in the FIR, on getting secret information about manufacturing of arms, police party surrounded the place of occurrence and apprehended the petitioner and other co-accused Satan Sharma. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.62414 of 2022(2) dt.17-02-2023 2/2 that petitioner has been falsely implicated in this case. Charge has been framed in this case on 06.07.2020. Similarly situated co-accused Satan Sharma has already been enlarged on bail vide order dated 31.08.2022 passed in Cr. Misc. No. 42591 of 2022. Petitioner is languishing in judicial custody since 07.09.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bagaha, West Champaran in connection with Trial No. 4651 of 2022 arising out of Bhitaha P.S. Case No. 132 of 2020.

(Sunil Kumar Panwar, J) sushma/- U