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Patna High CourtCR. MISC./10970/2023allowed

Raju Gupta v. The State Of Bihar

2023-04-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10970 of 2023 Arising Out of PS. Case No.-19 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== RAJU GUPTA S/O LALITA SAH @ LALTA SAH R/v- Matiyariya, P.S.- Naurangiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 10, 13(a)(b) of the U.A.P. Act.

As per prosecution case, the allegation against the petitioner is that he along with other accused persons pasted posters in the village in support of Maoist ideology in order to establish supremacy in the area.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. No any objectionable material has recovered from conscious possession of the petitioner rather his name has

Patna High Court CR. MISC. No.10970 of 2023(2) dt.20-04-2023 2/2 transpired in this case on the basis of confession made by coaccused Ramu Kumar who is already granted bail by a coordinate Bench of this Court vide order 25.11.2020 passed in Cr. Misc. No. 28618 of 2020 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 18.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukairya P.S. Case No. 19 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Bagaha, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T