Pramod Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47483 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== PRAMOD KUMAR GUPTA Son of Udhav Prasad Gupta Resident of Village - Mani Sirisiya, P.S.- Anaour, Distt.- Saran at Chapra. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 420, 465, 466, 467 and 471 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 03.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The informant alleges that on information received from constable Amit Gunjan that a gang promising railway job in lieu of illegal gratification is coming to Chhapra Railway Station, the informant along with police force reached the place of occurrence and saw four persons taking out documents and one person handing out money in lieu of the documents,
Patna High Court CR. MISC. No.47483 of 2021(3) dt.09-05-2022 2/3 accordingly the accused persons were apprehended and the person who took money disclosed his name as petitioner and the one who gave money disclosed his name as Chandan and other two persons were Deepak and Rakesh, further on search various articles were recovered from the accused persons as detailed in the FIR. It is further alleged that the petitioner disclosed that he had taken Rs. three lakhs for providing jobs and he and Deepak used to run this racket and Rakesh disclosed that he transferred Rs. 1 lakh each in the account of petitioner, his wife and Deepak, further Chandan disclosed that he had given Rs. three lakhs and Deepak Pandey disclosed that his father had given Rs. three lakhs to petitioner and Deepak Tiwari.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his possession to even remotely connect him with the offence and as far as allegations are concerned, it is alleged that the police saw one person taking money and the other person handing over the documents but the FIR does not even remotely suggest that what kind of document was received by the person who gave money to the petitioner. Learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that in the FIR itself it is
Patna High Court CR. MISC. No.47483 of 2021(3) dt.09-05-2022 3/3 alleged that petitioner accepted that he along with Deepak is running the racket and has taken money in name of providing job as detailed in the FIR.
Considering the fact that the petitioner is in custody since 03.06.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the FIR does not disclose that what kind of document was recovered from the possession of the petitioner or the beneficiary, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhapra Rail P.S. Case No. 52 of 2021.
The petitioner shall be released after framing of charge.
(Satyavrat Verma, J) Rishi/- U T