Rakesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27803 of 2024 Arising Out of PS. Case No.-909 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Rakesh Gupta Son of Nathuni Sah Resident of Dani Bigha Behind Mahila College, Police Station- Town Aurangabad, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 909 of 2023 instituted for the offence under Section 394 of the Indian Penal Code. 3.

Prosecution case in short is that informant's chain was stolen away by two unknown miscreants.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-12-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.27803 of 2024(2) dt.29-04-2024 2/2 case. Petitioner is not named in the FIR. Name of the petitioner has transpired during the course of investigation on the basis of his self-confessional statement. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Town P.S. Case No. 909 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T