Sharwan Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2024)

Sharwan Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Motihari, East Champaran in connection with Raxual P.S. Case No.43 of 2024, subject to conditions under Section 437(3) Cr.P.C., a court-below antecedent-verification/cancellation clause, and non-delayed acceptance of bail bonds.

Issue for consideration

Whether regular bail should be granted to petitioner Sharwan Kumar in Raxual P.S. Case No.43 of 2024 (Arms Act Sections 25(1-b)a, 26, 27, 35) notwithstanding his two criminal antecedents, given that no fire-arm was recovered from his possession and the co-accused Vishal Kumar Singh had been granted bail the same day.

Court's answer

The Court directed release of the petitioner on bail, weighing that there was no recovery of fire-arm from his own possession, that recoveries were made from the house of co-accused Vishal Kumar Singh on his disclosure and that co-accused had been granted bail the same day in Cr.Misc. No. 62267 of 2024, together with the petitioner being in jail since 18.02.2024 and completion of investigation against him.

Ratio / Principle

Bail was made subject to the conditions laid down under Section 437(3) Cr.P.C., with a further condition that the court below shall verify the petitioner's criminal antecedent and take steps for cancellation of the bail bond if at any stage concealment of criminal antecedent is found; additionally, acceptance of bail bonds in terms of the order was ordered not to be delayed for purpose of or in the name of verification (the word 'delayed' is hyphen-split across paragraphs 22-23).

Detailed headnote1 paragraphs

Regular bail granted (High Court of Judicature at Patna, Criminal Miscellaneous No.62996 of 2024, oral order dated 20-09-2024, Rajeev Ranjan Prasad, J) to Sharwan Kumar in connection with Raxual P.S. Case No.43 of 2024 registered under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. Grounds: no fire-arm recovered from the petitioner's own possession; two country-made pistols and four live cartridges were instead recovered from the house of co-accused Vishal Kumar Singh on the petitioner's disclosure, and the co-accused was granted bail the same day in Cr.Misc. No. 62267 of 2024; petitioner in jail since 18.02.2024 with investigation complete. Bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each before learned Judicial Magistrate-1st Class, Motihari, East Champaran; conditions as laid down under Section 437(3) Cr.P.C.; court below directed to verify the petitioner's criminal antecedent and take steps for cancellation of the bail bond if concealment is found, while acceptance of bail bonds shall not be delayed for purpose of or in the name of verification. Application stands allowed. Petitioner had disclosed two criminal antecedents.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62996 of 2024

Arising Out of PS. Case No.-43 Year-2024 Thana- RAXAUL District- East Champaran

======================================================

Sharwan Kumar, Son of Shambhu Kuwar @ Shambhu Singh, Resident Of Village- Kushmati, P.S.- Riga, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Pravin Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

2 20-09-2024

Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

2. The petitioner in the present case is seeking regular bail in connection with Raxual P.S. Case No.43 of 2024 registered for the offences punishable under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. He is in custody since 18.02.2024. The petitioner has got two criminal antecedents.

3. As per prosecution story, on disclosure made by the petitioner, two country made pistol and four live cartridges have been recovered from the house of the co-accused Vishal Kumar Singh.

4. Learned counsel for the petitioner submits that the there is no recovery of fire-arm from his possession, though it is stated that on the disclosure made by him recoveries were made

Patna High Court CR. MISC. No.62996 of 2024(2) dt.20-09-2024 2/3

from the house of co-accused Vishal Kumar Singh. It has been pointed out that today itself in Cr.Misc. No. 62267 of 2024, the said Vishal Kumar Singh has been granted bail by this Court.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Having regard to the submissions that so far as this petitioner is concerned, there is no recovery of fire-arm from his possession, though it is stated that on the disclosure made by him recoveries were made from the house of co-accused Vishal Kumar Singh, it has been pointed out that today itself in Cr.Misc. No. 62267 of 2024, the said Vishal Kumar Singh has been granted bail by this Court, considering all these aspects of the matter and the fact that the petitioner is in jail since 18.02.2024 and investigation against him is complete, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Motihari, East Champaran in connection with Raxual P.S. Case No.43 of 2024, subject to the conditions as laid down under Section 437(3) Cr.P.C.

7. And further condition that the court below shall

Patna High Court CR. MISC. No.62996 of 2024(2) dt.20-09-2024 3/3

verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be de-

layed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J)

arvind/-

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