IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10137 of 2022

Arising Out of PS. Case No.-840 Year-2021 Thana- NAGAR District- Vaishali

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Sunil Kumar Sharma Son of Jitendra Sharma Resident of Village - Jafarabad,

P.s.- Desri, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Santosh Kumar, Advocate

For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

ORAL ORDER

5

28-09-2022

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks from today.

The petitioner seeks bail in connection with a case

registered for the offences punishable under Section 414 of the

Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

Allegation is of recovery of one country-made pistol,

one live cartridge and a golden chain weighing 10.05 gm from

the possession of the petitioner and the said golden chain was

looted from Muthut Finance Company Gold.

Learned counsel for the petitioner submits that the

petitioner is innocent and has not committed any offence as

alleged in the F.I.R.. It is further submitted that the petitioner

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has no concern with the recovered articles and his name

transpired in this case only on the basis of confessional

statement of other co-accused, namely, Surveer Kumar @

Surajveer Kumar. It is further submitted that there is no

compliance of Section 100 of the Criminal Procedure Code with

regard to the seizure list. It is submitted that seizure list has not

been attached with the F.I.R.. The petitioner is in custody since

20.10.2021, charge-sheet has been submitted in the case and he

has one criminal antecedent.

Learned A.P.P. for the State opposes the prayer for

bail of the petitioner.

Considering the facts and circumstances of this case,

the above named petitioner is directed to be enlarged on bail on

furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with

two sureties of the like amount each to the satisfaction of the

learned CJM, Vaishali at Hajipur in connection with Hajipur

Town P.S. Case No. 840 of 2021, subject to the following

conditions:-

(1) Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the Court

and on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

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(2) One of the bailors will be his own blood relation,

preferably father, mother, brother, sister and or his wife.

(3) The bailor shall also state on affidavit that he will

inform the court concerned if the petitioner is made accused in

any other case of similar nature after his release in the present

case and thereafter the court below will be at liberty to initiate

the proceeding for cancellation of bail on ground of misuse.

(4) If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

Gaurav Kumar/-

(Khatim Reza, J)

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