Arvind Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27471 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== ARVIND GUPTA S/o Surendra Prasad @ Surendra Prasad Gupta R/o Semra, Ghusukpur, P.S.- Laukariya, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Dr. Indiwar Kumari, learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Laukariya P.S. Case No. 19 of 2020 for the offence punishable under Sections 10, 13(a)(b) of U.A.P. Act.

The allegation is regarding the accused persons including the petitioner herein having pasted posters in the village supporting Maoist ideology in order to establish supremacy in the area.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.27471 of 2020(2) dt.02-11-2020 2/2 implicated in the present case and is languishing in custody since 22.03.2020. It is further submitted that the petitioner has been roped in the present case merely on suspicion. Lastly, it is submitted that the co-accused person, similarly situated, has been granted bail by a co-ordinate Bench of this Court vide order dated 21.08.2020 passed in Cr. Misc. No. 27231 of 2020. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of co-accused person who has already been granted bail by a co-ordinate Bench of this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bettiah, West Champaran in connection with Laukariya P.S. Case No. 19 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T