Patna High CourtCR. MISC./75282/2024bail granted

Kishore Kumar Sharma @ Kishore Sharma v. The State Of Bihar

2024-10-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75282 of 2024 Arising Out of PS. Case No.-521 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Kishore Kumar Sharma @ Kishore Sharma Son of Binod Sharma Resident of Village - Sarahi, Ward No. - 05/40, P.S. - Sadar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Saharsa Sadar P.S. Case No. 521 of 2024, instituted for the offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one rifle from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.75282 of 2024(2) dt.23-10-2024 2/3 possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. Petitioner is not the owner of the house in question. The said house is a joint property where other family members also reside. The petitioner is in custody since 29.05.2024 and has got five criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 521 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the 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

Patna High Court CR. MISC. No.75282 of 2024(2) dt.23-10-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T