Patna High CourtCR. MISC./39020/2014bail granted

Prakash Gupta v. The State Of Bihar

2015-04-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39020 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -SARAN GRP CASE District- SARAN ====================================================== Prakash Gupta S/o Dashrath Prasad Resident of Village Daudpur Chatti, P.S. and P.O. Daudpur, District Chapra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Maheshwar Prasad, Advocate.

For the Opposite Party : Mr. Chandra Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2015 Heard both sides.

The petitioner seeks bail in Chapra Rail P.S. Case No. 7 of 2014, registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

The petitioner is not named in the FIR. A dacoity was committed in Chapra Kaptanganj passenger train. It appears that on the basis of confessional statement of Sudama Rai mobile and laptop of Umran Ali of lucknow the mobile was recovered from the possession of Sudama Rai and the laptop was recovered from the possession of Mithilesh Kumar. Mobile of Rakesh Saxena was recovered from Niku Srivastava who was in remand home. The mobile of Pankaj Kumar, the informant was recovered from the possession of Rakesh Mahto

Patna High Court Cr.Misc. No.39020 of 2014 (4) dt.16-04-2015 2/2 while he was in remand home. Rakesh Mahto disclosed the name of the petitioner as his accomplice, but nothing has been recovered from the possession of the petitioner Prakash Gupta. The petitioner was in remand home on the date of occurrence. The petitioner is in jail in the present case since 18.02.2014. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Sonepur in connection with Chapra Rail P.S. Case No. 7 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T