Arvind Prasad @ Arvind Kumar Gupta @ Arvind Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38550 of 2022 Arising Out of PS. Case No.-329 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== Arvind Prasad @ Arvind Kumar Gupta @ Arvind Prasad Gupta S/o Late Shankar Prasad R/o village- Belagola, Harinagar, P.S.- Ramnagar, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.Tr. No. 85 of 2022 arising out of Ramnagar P.S. Case No. 329 of 2020 lodged under Sections 341, 323, 506, 498A, 307 and 34 of the I.P.C.

As per the prosecution case, the petitioner who is brother-in-law of the deceased alongwith other persons have burned the informant's sister after sprinkling petrol upon her due to which she died.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38550 of 2022(2) dt.01-11-2022 2/3 petitioner is innocent and has committed no offence. He submits that charge sheet has already been file in this case, charge has been framed and evidence of prosecution is going on. There were in total 20 prosecution witnesses, out of which 7 witnesses have been examined and all witnesses consistently narrated that at the time of alleged occurrence, Panchayati was going on outside the house and all persons were sitting including the petitioner and subsequently on halla that fire took place in the house, they reached inside the house and seen the occurrence. Counsel for the petitioner submits that petitioner is a man of clean antecedent. He is in custody since 27.01.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Bagaha, West Champaran in connection with S.Tr. No. 85 of 2022 arising out of Ramnagar P.S. Case No. 329 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

Patna High Court CR. MISC. No.38550 of 2022(2) dt.01-11-2022 3/3 A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T