Anil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65693 of 2025 Arising Out of PS. Case No.-330 Year-2025 Thana- AMARPUR District- Banka ====================================================== Anil Sharma S/o Late Pokni Sharma @ Kokani Sharma R/o VillagePaidapur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr. Ravi Prakash Dwivedi, Advocate Mr. Saurabh Raj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 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 Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 27 & 35 of the Arms Act.

3.

As per accusation against the petitioner, there is recovery of one loaded country made pistol along with two cartridges from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-05-2025. Petitioner

Patna High Court CR. MISC. No.65693 of 2025(2) dt.16-09-2025 2/3 bears no criminal antecedent, as per disclosure made in 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. Learned counsel for the petitioner submits that petitioner has no concern with the recovered arms. Nothing incriminating has been recovered from the possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused has been granted bail by a Co-ordinate Bench of this Court vide order dated 11-08-2025, passed in Cr. Misc. No. 49856 of 2025 and Cr. Misc. No. 52856 of 2025. 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 claim based on parity, 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, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.65693 of 2025(2) dt.16-09-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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