Sanjay Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12072 of 2022 Arising Out of PS. Case No.-17 Year-2020 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Sanjay Gupta Son of Nirmal Gupta @ Nirmal Prasad Gupta Resident of Village- Karm Nasha, Police Station- Durgawati and District- kaimur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sasaram Rail P.S. Case No. 17 of 2020 registered for the offence under Sections 147, 149, 341, 307 and 504 of the Indian Penal Code and under Section 27 Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 06.02.2021.
The allegation against the petitioner is to assault the son of the informant by firearms along with other co-accused persons due to differences over local issues, in connection with musical program on the occasion of Jagran Puja.
Patna High Court CR. MISC. No.12072 of 2022(3) dt.25-07-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the occurrence was nothing but free fight between two parties of the same locality, where both the parties received injuries. It is also submitted that for the present set of occurrence, FIR was also lodged by this petitioner as Rail Thana Sasaram, Bhabhua Road P.S. Case No. 17 of 2020 and subsequently present case has been lodged by the informant against the petitioner. It is also submitted that face of the FIR does not suggest that fire was made with intention to cause death. It has further been submitted that the statement of the injured was not recorded despite of best efforts.
While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that the occurrence was free fight, for which case and counter case were lodged between the parties.
Patna High Court CR. MISC. No.12072 of 2022(3) dt.25-07-2022 3/3 petitioner, above named, is directed to be released on bail in connection with Sasaram Rail P.S. Case No. 17 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya/concerned court, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Nirmal Gupta @ Nirmal Prasad Gupta who is the father of the petitioner and deponent of the present bail petition."
The physical appearance of I.O. of this case before this Court is dispensed with.
(Chandra Shekhar Jha, J) R.S.Sen/- U T