Vinod Gupta @ Vinod Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6473 of 2020 Arising Out of PS. Case No.-616 Year-2019 Thana- BUXAR District- Buxar ====================================================== VINOD GUPTA @ VINOD PRASAD GUPTA, Son of Suresh Gupta @ Suresh Prasad, Resident of Village - M.P. High School Charitravan, Buxar, P.S.- Buxar (Town), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, apprehends his arrest in a case registered for the offences punishable under Sections 307, 120(b) of the Indian Penal Code and Section 27, 25(1-b)a, 26, 35 of the Arms Act.

Informant has stated that while he went along with his friend in front of Millan store, three bike borne miscreants came there and the person who was pillion rider shot fire upon the informant and his friend with pistol, one pellet passed touching chest of the informant as a result of which he sustained injury. Informant has identified one of miscreants as Gaurav Chaudhary but does not recognises other but claim to identify both. Informant suspected that petitioner along with other have conspired with intention to kill him due to land

Patna High Court CR. MISC. No.6473 of 2020(3) dt.23-06-2020 2/3 dispute.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner except raising suspicion due to land dispute. It has been further submitted that informant is criminal person and many cases are pending against him. Injury is simple is nature. There is land dispute in between the parties. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on prearrest bail on furnishing bail bond of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Buxar (Town) P.S. Case No. 616 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.6473 of 2020(3) dt.23-06-2020 3/3 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T