Patna High CourtCR. MISC./71681/2024allowed

Rahul Sharma v. The State Of Bihar

2024-10-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71681 of 2024 Arising Out of PS. Case No.-356 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Rahul Sharma Son of Suresh Sharma R/O Village- Chikni, Ward no. 1, P.S.- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-B)a, 26, 25(g) of the Arms Act.

3. The prosecution case in brief is that one country made pistol along with two live cartridges were recovered from the beneath of the bed of the petitioner. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case on mere suspicion. It is further submitted that there is dispute between two groups and one group has falsely implicated the petitioner. No specific overt act has been alleged against this petitioner. Moreover, the petitioner

Patna High Court CR. MISC. No.71681 of 2024(2) dt.07-10-2024 2/2 is languishing in judicial custody since 29.05.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner has two criminal antecedent and one of them is similar in nature.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sour Bazar P.S. Case No. 356 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Saharsa. (Ashok Kumar Pandey, J) Jagdish/- U T