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Patna High CourtCR. MISC./3375/2023bail granted

Rishav Kumar Gupta @ Rishav Gupta @ Rishav Kr Gupta v. The State Of Bihar

2023-06-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3375 of 2023 Arising Out of PS. Case No.-73 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RISHAV KUMAR GUPTA @ RISHAV GUPTA @ RISHAV KR GUPTA Son of Ashok Kumar Gupta @ Ashok Kumar Resident of mohalla - Chatti Road, Ratanpur Near Sarbjinik Dharmshala, P.S.- Town (Ratanpur O.P.), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 292 of the Indian Penal Code and Section 67 of I.T. Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is young boy aged about 21 years. It is next submitted that the matter has been compromised between the petitioner and the informant along with the victim as would be evident from Annexure 2 to the anticipatory bail application.

The Court without going into the merits of the case, based on the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.3375 of 2023(3) dt.20-06-2023 2/3 petitioner that the matter has been compromised grants anticipatory bail to the petitioner.

Learned A.P.P. for the State opposes the prayer for the anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Begusarai Town P.S. Case No. 73 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned District Court before accepting the bail bonds of the petitioner shall verity from the informant and the victim whether the compromise annexed as Annexure 2 with the anticipatory bail application is genuine or not and in the event if the informant or the victim disputes the compromise petition, then the present anticipatory bail order shall not be given effect and in the event if they do not dispute the compromise, then the bail bonds shall be accepted.

Patna High Court CR. MISC. No.3375 of 2023(3) dt.20-06-2023 3/3 In the event, if it is found that the compromise was not genuine, the learned District Court shall take all coercive steps to ensure that the petitioner is behind bars as the presumption would be that the petitioner tried to mislead this Court for obtaining bail.

(Satyavrat Verma, J) HarshPandey/- U T