Sanjiv Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59461 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== Sanjiv Gupta, S/o Bhola Prasad @ Bhola Gupta, Resident of VillageKalgiganj, P.S. Kahalgaon, District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kahalgaon N.T.P.C. P.S. Case No. 45 of 2018 registered for the offences punishable under Sections 216(A), 353, 401, 413, 414, 420 and 34 of the Indian Penal Code.

The apprehended accused Santosh Kumar Sah has disclosed that he has given stolen televisions and arms to petitioner and on the basis of the aforesaid disclosure the house of the petitioner's brother was searched and three televisions were recovered from the house of the brother of the petitioner and so far the arms are concerned, no arms were recovered. However, it is apparent from the aforesaid facts that

Patna High Court Cr.Misc. No.59461 of 2018(3) dt.14-12-2018 2/2 nothing was recovered from the house of the petitioner and whichever articles have been recovered, the same were recovered from the house of brother of the petitioner. Moreover, except one criminal case there is no any criminal case against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Kahalgaon N.T.P.C. P.S. Case No. 45 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T