Shubham Kumar Gupta @ Subham Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34120 of 2016 Arising Out of PS.Case No. -100 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Shubham Kumar Gupta @ Subham Kumar Gupta S/o Lalit Prasad Gupta resident of Chilky More, Amba Nabinagar Road, P.S.- Amba, DistrictAurangabad (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with Aurangabad (Muffasil) P.S. Case No. 100 of 2016 registered under Sections 399, 402, 414, 420 of the I.P.C. and section 25(1b)A, 26, 35 of the Arms Act. The accusation is that the Police on receiving secret information about gathering of miscreants for making plan to commit loot of vehicles reached at the turning of GT Road at village Manjurahi where some miscreants was seen in suspicious condition. While four persons namely Santosh Kumar, Ujjwal Kumar, Ajeet Kumar and Shubham Kumar were apprehended but others succeeded to flee away. On search, country made loaded
Patna High Court Cr.Misc. No.34120 of 2016 (2) dt.17-08-2016 2/2 pistols and mobiles were recovered from all miscreants, except Shubham Kumar, petitioner.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that no incriminating article has been recovered from the possession of the petitioner. He has been implicated in this case only mere on suspicion. Further submission is that petitioner has no criminal antecedent and is in custody since 03.06.2016. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 100 of 2016. Out of two sureties, one surety must be parents or close relatives of the petitioner.
(Rajendra Kumar Mishra, J) Shail/- U T