Milan Kumar Gupta @ Vinay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51682 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Milan Kumar Gupta @ Vinay Kumar Gupta S/o Fekan Sah R/o villageSheosagar, P.S.- Sheosagar, District- Rohtas, Sasaram. 2.

Lalan Singh S/o Jit Narayan Singh R/o village- Bamhour, P.S.- Sheosagar, District- Rohtas, Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Sheosagar P.S. Case No.58 of 2021, registered for the offences punishable under Sections 414, 419, 420, 467, 468 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. Petitioner No.2, Lalan Singh is the owner of Maa Vindhwasini Digital Dharamkanta and petitioner no.1, Milan Kumar Gupta @ Vinay Kumar Gupta is the partner. It is also

Patna High Court CR. MISC. No.51682 of 2021(4) dt.08-08-2022 2/2 submitted that there is no specific allegation against the petitioners and no incriminating article has been recovered from possession of the petitioners. It is submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.06.2022, passed in Cr. Misc. No.46655 of 2021 and another analogous case.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners by submitting that there is specific allegation against the petitioners that being owner and partner of Maa Vindhwasani Digital Dharamkanta they facilitated the truck drivers in mixing coal and also indulged in illegally storage and transportation the same and due to black marketing of coal, the atmosphere is too bad. Taking int consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T