Aman Gupta @ Aman Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24150 of 2025 Arising Out of PS. Case No.-845 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== Aman Gupta @ Aman Kumar Gupta, S/o- Shankar Prasad Gupta, Resident of Village- Chandani Chowk, Ward No. 20/34, P.S.- Saharsa Sadar, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subesh Sharma, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-06-2025 Heard Mr. Subesh Sharma, learned counsel for the petitioner and Mr. Shantanu Kumar, learned APP for the State.
2. Petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 845 of 2020 registered for the offences punishable under sections 341, 323, 448, 354, 307, 504 and 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution story, the accused persons, including the petitioner, entered into the house of the informant by breaking the lock of the house and assaulted the informant's wife and when the informant and his son got this information, they reached the house. It is further submitted that the informant and his son were assaulted by the accused persons by lathi, danda, iron chain and gun-butt and in the alleged occurrence, the informant's son was shot by one Amit Gupta (petitioner).
Patna High Court CR. MISC. No.24150 of 2025(3) dt.27-06-2025 2/3
4. The main submissions advanced by petitioner's counsel are that this is the second attempt of the petitioner to get the relief of bail and his first prayer for the same relief was rejected by this Bench vide order dated 25.08.2022 passed in Cr. Misc. 31329 of 2022 and the fresh grounds for renewing his prayer are his long incarceration period, which has been about 4 years and 6 months and secondly, the examination of the material prosecution witnesses.
5. Learned APP for the State has opposed the prayer of the petitioner and submits that there is serious allegation against the petitioner and the instant matter relates to murder and there is direct allegation against the petitioner and the trial of the petitioner is at the verge of end.
6. Heard both the sides and perused the relevant material including the trial court's report which shows that eight prosecution witnesses have been examined till now but in the chargesheet only 7 prosecution witnesses have been shown, which shows that the petitioner's trial is at the verge of end, so, at this stage, it will not be proper to release the petitioner on bail. Considering the aforesaid view of the matter, the petitioner's prayer stands rejected.
7. The trial court is directed to conclude the
Patna High Court CR. MISC. No.24150 of 2025(3) dt.27-06-2025 3/3 petitioner's trial at the earliest preferably within three months from the date of receipt of this order's copy. (Shailendra Singh, J) annu/- U T