Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80325 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- KINJAR District- Jehanabad ====================================================== Sanjay Sharma Son of Late Tribhuwan Sharma Resident of village-Nagwa, Police Station-Kinjar, District-Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma Mr. Ramshankar Kumar For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for anticipatory bail, arises out of Kinjar Police Station Case No. 95 of 2018, disclosing offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.

It is alleged against the petitioner that he was in possession of a gun and on seeing the Police, he fled away dropping his gun then and there, which was subsequenlty recovered by the Police.

Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that it is evident from the First

Patna High Court Cr.Misc. No.80325 of 2018(2) dt.24-01-2019 2/2 Information Report that the Police registered a case at the instance of the informant of Kinjar P.S. Case No. 94 of 2018, in which case also the petitioner has been falsely implicated. Considering the nature of allegation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Arwal in connection with Kinjar Police Station Case No. 95 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T