Shambhoo Prasad Gupta @ Shambhu Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22056 of 2020 Arising Out of PS. Case No.-534 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Shambhoo Prasad Gupta @ Shambhu Prasad Gupta Son of Late Vadai Prasad, resident of village - Town and P.S.- Jaynagar, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Mr. Arun Kumar Singh No. 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking anticipatory bail in connection with Jaynagar P.S. Case No. 534 of 2019 registered for offence under sections 420, 188/34 of the Indian Penal Code and section 9 (B) of the Explosive Act. It has been submitted that a raid was conducted and huge quantity of crackers has been recovered. The police registered the case in the aforesaid sections Learned counsel for the petitioner submits that except section 420 IPC, all the sections are bailable and as per the petitioner, section 420 IPC does not apply in the present case inasmuch as the petitioner is aged about 62 years old and he has falsely been framed in the present case. It has been brought to
Patna High Court CR. MISC. No.22056 of 2020(2) dt.17-08-2020 2/2 notice of this Court that co-accused Rahul Kumar had come before this Court in Cr. Misc. No. 7760 of 2020 and the Court has granted the relief of anticipatory bail.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Madhubani/Successor Court in connection with Jaynagar P.S. Case No. 534 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Shivaji Pandey, J) Mahesh/- U T