Vicky Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12536 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vicky Kumar Gupta, S/o Shri Swami Nath Prasad Gupta @ Swaminath Sah, Resident of Village - Hajma Tola, Banu Chhapar, P.S. - Bettiah Mufasil, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Turkaulia P.S. Case No. 131 of 2014 registered under Section 397 of the I.P.C.

The accusation is that four unknown miscreants entered in the house of the informant and asked the key of Almirah from her husband, deceased and started to abuse him and shot fired at the deceased.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. On the basis of the written report of Sobha Devi, wife of the deceased,

Patna High Court Cr.Misc. No.12536 of 2015 (4) dt.19-08-2015 2/2 F.I.R. was lodged against four unknown persons. In course of investigation, the name of the petitioner has come in the confessional statement of co-accused Naushad Alam showing the involvement of this petitioner. Except that, there is nothing against the petitioner. It is also submitted that the petitioner has been implicated in this case because he is accused in two other cases, as detailed in paragraph no.3 of this application. It is further submitted that co-accused Naushad Alam has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 23093 of 2014 on 26.08.2014 and petitioner is in custody since 19.08.2014. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., East Champaran at Motihari in connection with Turkaulia P.S. Case No. 131 of 2014. Out of two sureties, one surety must be parents or close relatives of the petitioner.

(Rajendra Kumar Mishra, J.) Shail/- U T