Sunil Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10392 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -BACHWARA District- BEGUSARAI ====================================================== Sunil Gupta, son of late Umesh Gupta, resident of Village Jagdishpur, P.S. Dharahara, District Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dharmendra Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.11.2016 in connection with Bachwara P.S. Case No. 162 of 2016 for the offences alleged under Sections 406, 420 and 120B of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is considerable delay in institution of the F.I.R. on 15.11.2016 for the alleged occurrence of 15.10.2016. The gold articles comprising of 5 bhar golden jewelry of the informant's wife and mother of which the articles have been stolen, have not been recovered from his possession. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Bipin Kumar, learned Sub Judge-VII-cum-A.C.J.M.-VI, Begusarai, in connection with Bachwara P.S. Case No. 162 of 2016, on the following conditions:-

Patna High Court Cr.Misc. No.10392 of 2017 (3) dt.16-03-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T