Dewa Gupta @ Deva Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60286 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dewa Gupta @ Deva Gupta, S/o Hari Kishore Gupta, Resident of Village Chatouni Buzar, P.S.- Chatouni, District- East Champaran, Motihari. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Motihari Nagar P. S. Case No.207 of 2017 registered under Sections 223 and 225/34 of the Indian Penal Code. It is contended that the petitioner is not named in the first information report and nothing has been found against him during investigation. It is further contended that the petitioner has no concern with the accused Kunal Singh and he has falsely been implicated in the present case and there is no evidence to suggest that he has given shelter to Kunal Singh at any point of time. It is also contended that even if the entire

Patna High Court Cr.Misc. No.60286 of 2017 (2) dt.21-12-2017 2/2 allegations made in the first information report are taken to be true, the ingredients of the offences punishable under Sections 223 and 225 of the Indian Penal Code would not be attracted in the present case.

On the other hand, learned Additional Public Prosecutor for the State submitted that in course of investigation, it transpired that after accused Kunal Singh escaped from custody, he took shelter in the house of several persons including the petitioner.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in Motihari Nagar P. S. Case No.207 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T