Chandan Gupta @ Chandan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31582 of 2020 Arising Out of PS. Case No.-235 Year-2019 Thana- DUMRAO District- Buxar ====================================================== CHANDAN GUPTA @ CHANDAN KUMAR GUPTA Son of Late Birendra Prasad Gupta Resident of Village - Kasiya, P.S.- Dumraon, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar :

Mr.Rahul Nath For the Opposite Party/s :

Mr.Mukeshwar Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Dumraon P.S. Case No. 235 of 2019 registered for the offence punishable under Sections 307, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that on 24.06.2019 in the night at 9 P.M., two unknown miscreants came to the informant's shop, who were seeking certain information from the informant's staff, about the petitioner. As they were not getting any response, they shot at the informant's staff and left the place. It is evident from the F.I.R. that the informant is an eyewitness. It transpires from the F.I.R. that allegedly, the petitioner was demanding extortion money from the informant, under the threat of his life. The

Patna High Court CR. MISC. No.31582 of 2020(2) dt.02-12-2020 2/3 petitioner has criminal antecedent inasmuch as he is accused in following criminal cases, as stated in paragraph 3 of the application, which are as follows:- "(i) Dumraon P.S. Case No. 163 of 2019 under Sections 385, 387 I.P.C.

(ii) Dumraon P.S. Case No. 30 of 2019 under Sections 447, 341, 323, 504, 506, 509, 427, 307 and 34 I.P.C.

(iii) Dumraon P.S. Case No. 499 of 2018 under Sections 447, 307, 34 I.P.C.

He is on bail.

(iv) Dumraon P.S. Case No. 426 of 2018 under Sections 385, 387 I.P.C. He is on bail.

(v) Buxar (M) P.S. Case No. 141 of 2019 under Sections 447, 386, 34 I.P.C.

and Section 27 of Arms Act.

(vi) Dumraon P.S. Case No. 261 of 2018 under Sections 302, 34 I.P.C. and Section 27 Arms Act.

(vii) Buxar (T) P.S. Case No. 261 of 2018, under Section 302, 307, 120B, 34 I.P.C. and Section 27 Arms Act.

(viii) Buxar (I) P.S. Case No. 14 of 2019 under Sections 147, 148, 149, 326, 307, 504, 506 I.P.C. He is on bail.

(ix) Buxar (I) P.S. Case No. 46 of 2015 under Section 392 I.P.C. He is on bail.

(x) Buxar (I) P.S. Case No. 53 of 2015 under Sections 25(1-b), 26 of Arms Act.

He is on bail.

(xi) Sasaram P.S. Case No. 1476 of 2017 under Sections 302, 379, 120B, 34 I.P.C. and Section 27 of Arms Act.

(xii) Sasaram P.S. Case No. 69 of 2019 under Sections 385, 387 I.P.C.

(xiii) Daraundha (Siwan) P.S. Case No.

18 of 2017 under Sections 302, 120B I.P.C. and Section 27 of Arms Act."

Considering the seriousness of the offence alleged and

Patna High Court CR. MISC. No.31582 of 2020(2) dt.02-12-2020 3/3 the petitioner's criminal antecedent, I am not inclined to grant the petitioner, privilege of regular bail for the present. This application is accordingly rejected.

(Chakradhari Sharan Singh, J) AKASH/- U T