Sanjiv Kumar Gupta @ Sanjiv Kumar @ Sanjiv Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54332 of 2017 Arising Out of PS.Case No. -359 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sanjiv Kumar Gupta @ Sanjiv Kumar @ Sanjiv Gupta Son of Rajeshwar Prasad, R/o Village- Dumri, P.S.- Yogapatti, District- West Champaran at Bettiah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Bettiah (Muffasil) P.S. Case No. 359 of 2017, registered for offences punishable under Sections 25(1-B)A, 26 and 35 of the Arms Act.

Prosecution story is that police on information that absconder accused of Bablu Dubey murder case along with some persons were seen in a car near the residence of district forest officer and when attempt was made by the police to apprehend them, they fled away leaving behind the said car, from which country made pistol and sword and other articles were recovered and it is alleged that local people named the petitioner and others as the person who fled away.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and not named in the F.I.R and further from the F.I.R itself it will appear nothing has been recovered from the possession of the petitioner and he has been in custody since 25.08.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran, in connection with Bettiah (Muffasil) P.S. Case No. 359 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T