Patna High CourtCR. MISC./533/2024allowed

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

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.533 of 2024 Arising Out of PS. Case No.-608 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Sumit Sharma @ Sumit Kumar Sharma S/o Late Bhootnath Sharma R/o village-Argara Road No.33, P.S-Kasim Bazar, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26, 29 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of some incriminating articles from the possession of co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot and he has no concern with the seized articles. The name of the petitioner has come into light, on the basis of confessional statements of apprehended co-accused persons namely, Rohit

Patna High Court CR. MISC. No.533 of 2024(2) dt.16-01-2024 2/2 Kumar and Ritesh Kumar. On the basis of suspicion, petitioner has been implicated in this case by the police. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Sitamarhi P.S. Case No. 608 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T