Dilip Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26999 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Dilip Sharma, Son of Ram Dular Sharma, Resident of Sadar Gali, Mir Gulabi Bagh, P.S. Khaje Kalan, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Nath Pandey For the Opposite Party/s : Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Pirbahore P.S. Case No. 65 of 2017 registered for the offences punishable under sections 25(1-B)A/26/35 of the Arms Act. The petitioner was apprehended by the Police during the routine check at Bhikhnapahari Mahavir Lane More. On perusal of the statement of the S.H.O.,which form part of the FIR, it appears that three persons seeing Police Jipsy attempted to flee away but they were apprehended by the Police and after their search, one country made pistol was recovered from the possession of Gulshan Kumar and from the possession of the petitioner Dilip Sharma, a country made pistol was also recovered
Patna High Court Cr.Misc. No.26999 of 2017 (3) dt.06-07-2017 2/3 and from the possession of Deepak Kumar 23 live cartridges were recovered The said Deepak Kumar was granted bail by this court in Cr. Misc. No. 26025 of 2017 vide order dated 5.7.2017 The submission of the learned counsel for the petitioner is that the petitioner is a man of clean antecedent and co-accused Deepak Kumar has already been granted bail by this Court in Cr. Misc. No. 26025 of 2017 on 5.7.2017 and as such, the petitioner also deserves bail on the ground of parity. Having heard both side and considering the fact that the co-accused Deepak Kumar has already been granted bail by this Court in Cr. Misc. No. 26025 of 2017 on 5.7.2017 and there is statement on oath in paragraph 3 of this petition that the petitioner has no criminal antecedent and also the fact that the petitioner in custody since 18.02.2017, I am inclined to enlarge the petitioner on bail.
Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna or Successor Court in connection with Pirbahore P.S. Case No. 65 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and he will not, in
Patna High Court Cr.Misc. No.26999 of 2017 (3) dt.06-07-2017 3/3 any manner, tamper with the evidence and influence the witnesses. (Anil Kumar Upadhyay, J) Mahesh/- U T