Vinay Kumar Gupta @ Vinay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39417 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vinay Kumar Gupta @ Vinay Sah Son of Late Rameshwar Sah, resident of Village- Lolus School Korar Mohalla, P.S. Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offence punishable under section 364 (A) of the I.P.C The petitioner is not named in the FIR. The victim returned back and made his statement under section 164 Cr.P.C but did not disclose the name of the petitioner. Name of the petitioner figured in this case on the basis of suspicion made by the spy of the police that the wife of the petitioner was in constant touch with the victim and the accused persons, other co-accused of this case, namely Santosh Choudhary, Deepak Vernwal and Nitu Gupta have already been allowed bail by another coordinate

Patna High Court Cr.Misc. No.39417 of 2015 (3) dt.08-01-2016 2/2 Bench of this Court and Sonu Kumar has been allowed bail by the learned court below itself and against the petitioner also there is nothing besides suspicion.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bettiah, West Champaran in Shikarpur P.S. Case No. 40 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T