Patna High CourtCR. MISC./5787/2024bail granted

Phool Kumar Sharma @ Ful Kumar Sharma v. The State Of Bihar

2024-02-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5787 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Phool Kumar Sharma @ Ful Kumar Sharma S/O Ramsharan Sharma R/S Village- Durgapur, P.O. -Puraini, District-MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beldour P.S. Case No. 234 of 2023 registered for the offence under Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol and eight live cartridges have been recovered from the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was merely the driver of the vehicle and the recovery was done from the middle row of the vehicle on which the owner of the vehicle was sitting and he has no knowledge about the articles which have been

Patna High Court CR. MISC. No.5787 of 2024(2) dt.17-02-2024 2/2 recovered.

5. It is also submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and he is in jail since 30.08.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. Let the petitioner, above named, 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 Chief Judicial Magistrate, Khagaria in connection with Beldour P.S. Case No. 234 of 2023.

(Sandeep Kumar, J) Vikas/- U T