Jai Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30062 of 2020 Arising Out of PS. Case No.-563 Year-2018 Thana- DANAPUR District- Patna ====================================================== JAI PRAKASH GUPTA Son of Dhanilal Sao Resident of Village- Ashopur, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr. (Dr.) Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Danapur Police Station Case No. 561 of 2018, registered for the offences punishable under Sections 326/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, as per the First Information Report, is that while the informant, along with his son was in a fair, the petitioner along with other co-accused persons, reached there and co-accused Deepak Kumar fired in air, but one bullet hit near the head of the son of the informant. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.30062 of 2020(2) dt.24-11-2020 2/2 and from perusal of the First Information Report, it would be evident that it was co-accused Deepak Kumar, who allegedly fired upon the son of the informant, due to which he received bullet injury on his head. He further submits that the petitioner is in custody since 03.06.2020, having no criminal antecedent. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 03.06.2020, having no criminal antecedent, I am inclined to grant bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, Patna, in connection with Danapur Police Station Case No. 563 of 2018.

It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √