Lal Krishna Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36210 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== LAL KRISHNA GUPTA SON OF PRADEEP KUMAR GUPTA R/OMOHALLA- BYAPAR MANDAL, MOHAN BIGHA, P..S.- DEHRI (T), DIST.- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Narayan Rai, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Shri Madhura Nand Jha.

The petitioner seeks regular bail in connection with Sasaram(M) P.S. Case No. 163 of 2021, registered for the offence punishable under Section 394 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant while he was going to deposit a sum of Rs.9,23,000/- at the Punjab National Bank, Karvandiya Branch, on a motorcycle and had

2/4 reached near Amra Talab Bazar, whereafter, the said miscreants had snatched the bag containing the aforesaid cash amount and had left the scene of crime, after firing from their pistol.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is in custody since 05.06.2021, but he has been remanded in the present case on 01.04.2022. It is further submitted that the petitioner is an accused in four other cases, but he is on bail in the said four cases. It is also submitted that no looted cash amount has been recovered from the possession of the petitioner, hence, the petitioner is not having any complicity in the matter. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court, vide orders dated 16.09.2022 and 24.11.2022, passed in Criminal

3/4 Miscellaneous No. 35675 of 2022 and Criminal Miscellaneous No. 45291 of 2022.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also those in the case diary, this Court finds that there is minuscule evidence on record so as to prima facie connect the petitioner with the alleged crime, apart from the fact that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Rohtas in connection

4/4 with Sasaram(M) P.S. Case No. 163 of 2021.

(Mohit Kumar Shah, J) Ajay/SonalU T