Mantu Gupta @ Kamlesh Gupta @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11524 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- DEHRI TOWN DistrictRohtas ====================================================== Mantu Gupta @ Kamlesh Gupta @ Mantu Kumar S/O LATE RAGHUNATH PRASAD R/O VILLAGE- MALPURA, PS. KARAKAT GODARI, DIST. ROHTAS AT SASARAM.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with S. Trial No. 768 of 2023 arising out of Dehri Town P.S. Case No.454 of 2023 dated 11.06.2023 registered for the offence under Sections 364(A) of the Indian Penal Code.
3. The allegation against the petitioner is to have abducted the father and brother of the petitioner, for the purpose of taking ransom money.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that nothing incriminating surfaced during course of investigation, from the
Patna High Court CR. MISC. No.11524 of 2024(2) dt.26-02-2024 2/3 possession of this petitioner, which may connect him, with the present set of occurrence. It is also submitted that no TIP was conducted by the Investigating Officer. It is also submitted that similarly situated co-accused person has already been granted bail by one of the learned co-ordinate Bench of this Court in Cr. Misc. No. 82576 of 2023 on 19.01.2023 and one more accused, namely, Shashi Sharma @ Bhuda has also been granted bail by this Court vide order dted 22.02.2024 passed in Cr. Misc. No. 10775 of 2024. It is further submitted that the petitioner is a man of clean antecedent and he is in custody since 11.07.2023.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.
6. Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Dehri Town P.S. Case No.454 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 19th Additional Sessions Judge, Rohtas at Sasaram.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.
Patna High Court CR. MISC. No.11524 of 2024(2) dt.26-02-2024 3/3 However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) brajesh/- U T