Gupta Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36275 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== Gupta Ram S/O Rambalak Ram r/o Village- Rajpur, PS- Aurangabad Muffasil, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 99 of 2025 for the offences registered under Sections 126(2), 115(2), 352, 303(2), 109(1), 351(2) of the B.N.S. and Section 37(c) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, on 17.03.2025 petitioner assaulted the informant with iron rod on his head due to which he got injury. It is further alleged that on the next day, i.e. 18.03.2025 when the informant went to demand his money then he found that petitioner is in drunken condition who abused the informant and also threatened him. The petitioner who was caught by the informant was handed over to the police by the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.36275 of 2025(4) dt.24-09-2025 2/3 He further submits that allegation against the petitioner is an afterthought as the occurrence took place on 17.03.2025 and the petitioner had assaulted the informant but he did not lodge the case on the same day and stated that on 18.03.2025 he again went to the Gumati of the petitioner for demand of his money. It is further submitted that investigation has already been completed and charge-sheet has been submitted. Petitioner has three criminal antecedents in which he is on bail. He is in custody since 19.03.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 District & Additional Sessions Judge cum-Exclusive Special Judge, Excise Court No. 1st , Aurangabad, Bihar in connection with Muffasil P.S. Case No. 99 of 2025, subject to following conditions:- (i) the petitioner shall appear on each and every date before the learned Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the learned Trial Court itself;

Patna High Court CR. MISC. No.36275 of 2025(4) dt.24-09-2025 3/3 (ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iii) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Sunil Dutta Mishra, J.) rakhi U T