Ajit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65818 of 2025 Arising Out of PS. Case No.-330 Year-2025 Thana- AMARPUR District- Banka ====================================================== Ajit Kumar Sharma S/O Medni Sharma Resident of village- Paidapur, P.SAmarpur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 330 of 2025 instituted for the offence under Sections 310(4), 310(5) & 111 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 & 35 of the Arms Act. 3.

On 12.05.2025, during patrolling, police received information about armed miscreants at 'Paidapur More' and apprehended four accused while others fled. Upon search, there is recovery of one loaded country made pistol and two live cartridges from the petitioner's possession.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-05-2025. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.65818 of 2025(2) dt.17-09-2025 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. Learned counsel for the petitioner goes on to submit that recovery is planted by the police party and petitioner has become the victim of the circumstance. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 330 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T