Lalu Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4163 of 2020 Arising Out of PS. Case No.-600 Year-2019 Thana- BANKA District- Banka ====================================================== Lalu Prasad Gupta aged about 27 years, Gender Male, Son of Om Prakash Gupta Resident of Village - Raghunathpur, P.S.- Amarpur, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Banka (Barahat) P.S. Case No. 600 of 2019, corresponding to G.R. No. 2455 of 2019, registered for the offence under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)A, 26, 35 of the Arms Act. It is alleged that four persons were apprehended by the police during patrolling and from their possession, two loaded country-made pistol, one knife & three cartridge of 0.315 bore were recovered. It is further alleged that from possession of the petitioner, one 0.315 bore cartridge was recovered. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. The petitioner has been arrested only due to suspicion. It is further submitted that

Patna High Court CR. MISC. No.4163 of 2020(2) dt.23-01-2020 2/2 chargesheet has already been submitted and petitioner is in custody since 27-08-2019.

Considering the aforesaid facts and circumstances as well as considering the recovery and period of custody, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Banka (Barahat) P.S. Case No. 600 of 2019, corresponding to G.R. No. 2455 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T