Ashish Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40406 of 2022 Arising Out of PS. Case No.-585 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== ASHISH KUMAR GUPTA SON OF KANHAIYA JEE GUPTA R/O MOHALLA- BARI MASJID, P.S.- ARA NAGAR, DISTRICT- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner, at the outset, seeks permission to rectify the provision of law in the anticipatory bail application.
Permission is accorded.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.
The informant alleges that three criminals entered his jewelry shop and looted gold worth Rs. 6.5 lakhs and the accused persons were in the age group of 20-22 years who had their faces masked.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40406 of 2022(2) dt.08-09-2022 2/3 petitioner is a person with clean antecedent and F.I.R. is against unknown and during the course of investigation the name of the petitioner came in the confessional statement of Suraj, it is fairly submitted that looted articles were recovered from the room of Suraj, house of Chhotu and Sachin Deshmukh's shop and house. Learned counsel also submits that during the course of investigation Suraj disclosed that petitioner's father has a jewelry shop and through the petitioner, the jewelry were melted with the help of Sachin, learned counsel thus submits that as far as this petitioner is concerned, he is alleged to have helped the accused persons in melting the jewelry which was looted though he was not directly involved in the occurrence, it is further submitted that the confessional statement made in police custody does not have any evidentiary value.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.40406 of 2022(2) dt.08-09-2022 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Nawada P.S. Case No. 585 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T