Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47595 of 2024 Arising Out of PS. Case No.-261 Year-2018 Thana- DUMRAO District- Buxar ====================================================== Chandan Gupta Son of Late Virendra Prasad Gupta @ Birendra Prasad Gupta R/O Vill.- Kasiya, P.S.- Dumraon, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks bail in connection with Dumraon (Naya Bhojpur) P.S. Case No.261 of 2018, registered for the offence punishable u/s 302/34 of the IPC and 27 of Arms Act. 3.

Allegedly, brother of the informant has been shot by some unknown persons, who died in the way to the hospital. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. Petitioner has been made accused in this case on the basis of confessional statement of coaccused namely Bittu Kumar Keshri. No incriminating article has been recovered from the conscious physical possession of

Patna High Court CR. MISC. No.47595 of 2024(2) dt.07-08-2024 2/2 the petitioner. Petitioner has sixteen criminal antecedent and he is in custody since 18.12.2021.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) pallavi/- U T