Anshu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6785 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Anshu Mishra S/o Uma Shankar Mishra Resident of village Sonbarsa, P.S.- Sahpur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shahpur (Karnamepur) P.S. case No. 185 of 2023 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution allegation, in short, is that the two country made rifles and 78 cartridges were recovered from the two houses. The allegation against the petitioner is that while seeing the police party, he along with others fled away from the house of co-accused Dhanji Yadav.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6785 of 2024(3) dt.06-03-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The name of the petitioner has transpired on the basis of disclosure made by Chowkidar. No incriminating material has been recovered from the conscious possession of the petitioner. Co-accused in whose house, recovery was made and another co-accused have been granted bail by Coordinate Benches of this Court vide Annexures-2 and 3 to this application. The petitioner is in custody since 02.07.2023 and has two criminal antecedents in which he is on bail. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. 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, the period of custody undergone by the petitioner and the claim based on parity, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.6785 of 2024(3) dt.06-03-2024 3/3 Court below/concerned Court in connection with Shahpur (Karnamepur) P.S. case No. 185 of 2023.

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