Bharat Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11544 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Bharat Kumar Gupta S/o Late Bhagwanji Prasad R/o Vill-Shahpur Ward No.11, P.S-Shahpur, Distt.-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the State :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024
1. Heard learned counsel for the Petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Shahpur P.S. Case No. 448 of 2023, dated 27.09.2023 registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that the instant matter relates to celebratory firing and the police officer concerned got a video clip, in which, as per allegation, the petitioner and co-accused person Deepak Dhanuk were seen firing but no one sustained any injury in that firing and co-accused Deepak Dhanuk has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 5567 of 2024 and the petitioner has been languishing in jail since 28.09.2023 having no criminal
Patna High Court CR. MISC. No.11544 of 2024(2) dt.28-02-2024 2/2 antecedent and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. In the facts and circumstances of this case and considering the above submissions coupled with the privilege of bail having been granted to above-mentioned co-accused, carrying similar nature of allegation, by a co-ordinate Bench of this Court and also completion of the investigation against the petitioner and his fair and clean antecedent, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Shahpur P.S. Case No. 448 of 2023. (Shailendra Singh, J) maynaz/- U T