Sanjay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82956 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- Purbasarai District- Munger ====================================================== Sanjay Sharma S/O Late Monu Sharma R/O Mohalla- Purabsarai Barhamsthan, P.S- Purabsarai, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Puja Kumari, Advocate For the Opposite Party/s:
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mrs. Puja Kumari, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Purabsarai P.S. Case No. 43 of 2024 for the offence punishable under sections 25(1-A), 25(1-AA), 25(1-B)a and 26(i)(ii) of the Arms Act lodged on 09.08.2024 by the informant, Sweety Kumari.
3. As per the prosecution story, the informant alleged that the Police on information raided the house of the petitioner and there is recovery/seizure of country-made pistol and some semi-manufactured weapons which led to the FIR/arrest.
4. Learned counsel for the petitioner submits that he has no criminal antecedent and is in custody since 10.08.2024 (paragraph-4 of the petition). However, Police only to implicate
Patna High Court CR. MISC. No.82956 of 2024(2) dt.04-12-2024 2/3 has thrusted upon him the case, in any matter, the recovery/seizure is from a joint house which cannot be attributed to him and if granted bail, he shall be diligently appear in trial.
5. Learned APP opposes the prayer for bail submitting that the recovery/seizure is from the house.
6. Taking into account the aforesaid facts/submissions put forwarded by the parties as also that the petitioner do not have any criminal antecedent and an undertaking has been given that he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Munger, in connection with Purabsarai P.S. Case No. 43 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.82956 of 2024(2) dt.04-12-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T