Raj Kumar Sharma @ Raj Kumar Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52345 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Raj Kumar Sharma @ Raj Kumar Mistry Son of Gobardhan Sharma @ Gobardhan Mistry resident of Village - Pairgaha, P.S. - Jhajha, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-12-2015 Heard Sri Mrityunjay Kumar, learned counsel for the petitioner and Sri Ramesh Chandra, learned A.P.P. The petitioner, who is in custody in connection with Jhajha P.S. Case No. 60 of 2015 registered for the offence punishable under Section 25(1-aa), 25(1-b)a/ 26 of the Arms Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that it has been alleged that huge arms and ammunitions were recovered from the house of the petitioner. Fact remains that no recovery was effected in the house of the petitioner and seizure list was prepared in the police station itself. He further submits that petitioner is having clean antecedent and he is in custody since 16.4.2015.

Patna High Court Cr.Misc. No.52345 of 2015 (3) dt.08-12-2015 2/2 Sri Ramesh Chandra, learned A.P.P. has vehemently opposed the prayer of bail. He submits that he was running a factory of illegal arms and in the case after investigation charge sheet has already been submitted and cognizance order has already been passed.

Be that as it may, keeping in view the period of custody and clean antecedent of the petitioner, let the petitioner Raj Kumar Sharma @ Raj Kumar Mistry be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Jamui, in connection with Jhajha P.S. Case No. 60 of 2015 with a condition that one of the bailors must be blood relation of the petitioner and secondly during the trial the petitioner shall remain physically present before the trial court on each and every date. If continuously on two dates petitioner fails to appear without prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T