Dharmveer Prasad Gupta @ Dharmveer Gupta @ Dharmveer Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15994 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Dharmveer Prasad Gupta @ Dharmveer Gupta @ Dharmveer Kumar Gupta Son Of Late Yogendra Prasad Gupta R/O Vill.- Dharphari, P.S.- Deoria, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 397, 398, 400, 414, 353, 307, 120(B)/34 of the Indian Penal Code and Sections 25(1-B) a, 26, 27, 35 of the Arms Act.

The prosecution case as per F.I.R is that on information that some criminals have assembled to commit dacoity, the police team reached the place of occurrence and on seeing the police party, they started

Patna High Court CR. MISC. No.15994 of 2023(2) dt.29-04-2023 2/3 fleeing away and resorted to indiscriminate firing upon them. The police also retaliated and eight criminals including the petitioner have been apprehended and on search, arms and ammunition and 10 empty cartridges, one Bolero and one Glamour motorcycle were recovered. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that it is highly improbable that in the cross-fire, the injury has been sustained only from the side of four accused persons but not a single firearm injury has been sustained by any police personnel. In fact, the petitioner, a passer-by, has sustained fire-arm injury in the crossfire and on suspicion, he has been implicated in this case. Other co-accused persons have been allowed bail in Cr. Misc. No. 33385 of 2022 and Cr. Misc. No. 33352 of 2022. The petitioner is languishing in custody since 24.01.2022.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.15994 of 2023(2) dt.29-04-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, West, Muzaffarpur in connection with Baruraj P.S. Case No. 14 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T