Raj Kumar Gupta @ Rajkumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41328 of 2016 Arising Out of PS.Case No. -141 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ====================================================== Raj Kumar Gupta @ Rajkumar Sah, aged about 32 years, son of Sri Bhola Sah @ Bhola Gupta, resident of village - Dhobwalia, P.S. - Maharajganj, District - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mithilesh Kumar, Adv. For the Opposite Party : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.07.2016 in connection with Maharajganj P.S. Case No. 141 of 2016 for the offences alleged under Sections 414 and 420/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no material to connect the petitioner with the alleged offence, the ingredients whereof are also not made out against him. Even according to the seizure list, the vehicle in question was found on the road and has not been recovered from the possession of the petitioner. 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 learned Sub Judge-IX-cum-A.C.J.M., IX, Siwan, in connection with Maharajganj P.S. Case No. 141 of 2016, with the following

Patna High Court Cr.Misc. No.41328 of 2016 (2) dt.30-09-2016 2/2 conditions:- (i) That one of the bailors will 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 to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

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