Deepak Gupta @ Depak Gupta @ Deepak Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40101 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- TETERHAT District- Lakhisarai ====================================================== DEEPAK GUPTA @ DEPAK GUPTA @ DEEPAK PRASAD GUPTA SON OF LATE SHANKAR SAH RESIDENT OF VILLAGE-KABAIYA ROAD WARD NO 25, PS- KABAIYA, AND DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307 and 302/34 of the Indian Penal Code as well as Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that accused persons along with the petitioner came to his house and assaulted him and when his mother came to save him, it is alleged that Raushan Gupta fired hitting his mother on temporal region causing her death thereafter Dhupendra Gupta fired causing injury on his hand. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner is a practicing Advocate and the

Patna High Court CR. MISC. No.40101 of 2023(2) dt.05-07-2023 2/2 police after threadbare investigation submitted final form and the informant of the case has been implicated in murder of his mother and presently is in judicial custody but the learned trial court in a mechanical manner differing with the police report took cognizance as such the petitioner apprehends his arrest. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner bur are not in a position to rebut the submission of the learned counsel for the petitioner that the police after investigation submitted final form.

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.5,000/- (Rupees 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 Tetarhat P.S. Case No. 100 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T