Sukku @ Shukku @ Anand Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12468 of 2025 Arising Out of PS. Case No.-498 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Sukku @ Shukku @ Anand Kumar Gupta S/o Rajesh Prasad Gupta @ Rajesh Kumar R/o vill - Uttarwari Pokhra Pakki Fulwari, P.S.- Kalibagh, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 364, 365 , 386, 302, 201 , 120 ( B ) and 34 of the Indian Penal Code .
3 . As per the prosecution case, informant, namely Sabana Praveen, alleged that on 18.08.2020, while she, along with her son, was going to Station Chowk via Kamalnath Nagar; in the meantime, all the accused persons named in the F.I.R., along with 56 unknown persons, surrounded them and assaulted the son of the informant and then kidnapped him. When informant tried to save her son, they dashed her and fled away, taking her son. It is further alleged that on 19.08.2020 at about
Patna High Court CR. MISC. No.12468 of 2025(3) dt.25-07-2025 2/3 1:30 AM, the informant found the dead body of her son near Mirja Tola. It is further alleged that prior to the alleged occurrence, the accused persons demanded rangdari from the son of the informant, and upon refusal, they committed the murder of her son .
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of petitioner transpired during course of investigation on the basis of confessional statement of other co-accused persons . Except confessional statement, there is no direct or indirect material to show the complicity of this petitioner in the alleged occurrence . Informant is not an eye witness to the alleged occurrence . None of the eye witnesses claimed to have seen this petitioner committing the alleged occurrence . Petitioner claims clean antecedent.
5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12468 of 2025(3) dt.25-07-2025 3/3 satisfaction of the learned Chief Judicial Magistrate Bettiah West Champaran in connection with Bettiah Town P.S. case No. 498 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T