Shubham Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61253 of 2022 Arising Out of PS. Case No.-490 Year-2022 Thana- BANKA District- Banka ====================================================== Shubham Sharma S/o Naresh Sharma, R/o Village- Shasan, P.S.- Banka, Distt- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Banka P.S. Case No. 490 of 2022, lodged under Sections 25(1b)a/26/35 of the Arms Act. As per prosecution case, the recovery of one desi katta and loaded pistol has been made from the possession of petitioner. Rest articles were recovered from the possession of other accused persons.

Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner, in which, he is on bail. He further submits that petitioner is in custody since

Patna High Court CR. MISC. No.61253 of 2022(2) dt.24-02-2023 2/2 31.07.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that from the allegation made in the F.I.R., it transpires that the petitioner is running arm business. Upon specific query that whether charge has been framed or not, learned counsel submits that charge has already been framed in this case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, therefore, his bail application stands rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail after lapse of one year in custody. Trial Court is directed to release the petitioner on bail thereafter imposing its own conditions, so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) ritik/- U T