Arun Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35995 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== ARUN KUMAR GUPTA Son of Rajendra Prasad Gupta Resident of VillageSugauli Siswaniya Tola, P.S.- Sugauli, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar. The petitioner seeks regular bail in connection with Ramgarhwa P.S. Case No. 10 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding the informant having gone to the S.B.I. Bank for depositing the sale proceeds to the tune of Rs. 8,00,000/- and when he had reached near the Bank, three miscreants had arrived from behind and snatched the bag from the informant containing a sum of Rs. 8,00,000/-.

Patna High Court CR. MISC. No.35995 of 2020(2) dt.22-01-2021 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 24.06.2020. The learned counsel for the petitioner has further submitted that the petitioner has been remanded in the present case from another case in which he was arrested and till date, no Test Identification Parade has been held so as to connect the petitioner with the alleged occurrence.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged occurrence and moreover, the FIR is against unknown, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.35995 of 2020(2) dt.22-01-2021 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Ramgarhwa P.S. Case No. 10 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T