Pankaj Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6254 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== PANKAJ GUPTA Son of Satya Narayan Prasad Gupta Resident of Village - Ward No. 06, Library Road, Forbesganj, P.S.- Forbesganj, Distt.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 420, 188, 269, 270/34 of the Indian Penal Code, Section 11 of the Bihar, Bengal Gambling Act and Section 51(b) of the Disaster Management Act, 2005.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

The informant alleges that while patrolling, he received information that Govind Poddar is selling lottery tickets, accordingly, the informant reached the place of occurrence where one person with bag was apprehended who

Patna High Court CR. MISC. No.6254 of 2022(2) dt.23-08-2022 2/3 disclosed his name as Govind Poddar and from the bag lottery tickets were recovered and he disclosed that petitioner provides him the lottery tickets for selling.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case based on his antecedent. He further submits that even from perusal of the allegation as alleged in the FIR, it would manifest that informant had specific information about Govind Poddar and from his possession lottery tickets were recovered. He next submits that name of the petitioner transpired in the confessional statement of the apprehended accused in police custody which has no evidentiary value in the eye of law. Learned A.P.P. for the State opposes the prayer for 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur

Patna High Court CR. MISC. No.6254 of 2022(2) dt.23-08-2022 3/3 P.S. Case No. 116 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T