Sant Kumar @ Arbind Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65368 of 2022 Arising Out of PS. Case No.-346 Year-2022 Thana- FATUA District- Patna ====================================================== Sant Kumar @ Arbind Sharma, Son of Ram Sevak Singh Resident of VillageKhokhna, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 323, 341 and 353 of the Indian Penal Code and Section 25(1-b)a and 26 of the Arms Act.

As per the prosecution case, one country-made rifle and three live cartridges were recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.65368 of 2022(2) dt.13-03-2023 2/2 case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is no independent witness on the seizure list, hence, recovery of arms is doubtful. The petitioner is in custody since 11.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Fatua P.S. Case No. 346 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Arish/- U T