Chandan Gupta @ Chandan Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45635 of 2022 Arising Out of PS. Case No.-235 Year-2019 Thana- DUMRAO District- Buxar ====================================================== CHANDAN GUPTA @ CHANDAN KUMAR GUPTA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-08-2022 Heard learned counsel for the parties.
This application for grant of regular bail arises out of Dumraon P.S. Case No. 235 of 2019 registered for the offence punishable under Sections 307, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
By the order dated 02.12.2020, this Court had rejected the petitioner's prayer for grant of regular bail taking into account the seriousness of the offence alleged against the petitioner and his long criminal antecedent as disclosed in paragraph 3 of the earlier application.
There is allegation against the petitioner in the case, from which the application for grant of bail arises, that the petitioner and his accomplices had shot at the informant's staff as the informant had refused to oblige the miscreants by
Patna High Court CR. MISC. No.45635 of 2022(2) dt.31-08-2022 2/3 disclosing them certain information. Further, the petitioner was allegedly demanding extortion money from the informant under the threat of his life.
Following are the cases in which the petitioner has been implicated:- "(i) Dumraon P.S. Case No. 163 of 2019 under Sections 385, 387 I.P.C.
(ii) Dumraon P.S. Case No. 30 of 2019 under Sections 447, 341, 323, 504, 506, 509, 427, 307 and 34 I.P.C.
(iii) Dumraon P.S. Case No. 499 of 2018 under Sections 447, 307, 34 I.P.C. He is on bail.
(iv) Dumraon P.S. Case No. 426 of 2018 under Sections 385, 387 I.P.C. He is on bail.
(v) Buxar (M) P.S. Case No. 141 of 2019 under Sections 447, 386, 34 I.P.C. and Section 27 of Arms Act.
(vi) Dumraon P.S. Case No. 261 of 2018 under Sections 302, 34 I.P.C. and Section 27 Arms Act. (vii) Buxar (T) P.S. Case No. 261 of 2018, under Section 302, 307, 120B, 34 I.P.C. and Section 27 Arms Act.
(viii) Buxar (I) P.S. Case No. 14 of 2019 under Sections 147, 148, 149, 326, 307, 504, 506 I.P.C. He is on bail. (ix) Buxar (I) P.S. Case No. 46 of 2015 under Section 392 I.P.C. He is on bail.
(x) Buxar (I) P.S. Case No. 53 of 2015 under Sections 25(1-b), 26 of Arms Act. He is on bail. (xi) Sasaram P.S. Case No. 1476 of 2017 under Sections 302, 379, 120B, 34 I.P.C. and Section 27 of Arms Act. (xii) Sasaram P.S. Case No. 69 of 2019 under Sections 385, 387 I.P.C. (xiii) Daraundha (Siwan) P.S. Case No. 18 of 2017 under Sections 302, 120B I.P.C. and Section 27
Patna High Court CR. MISC. No.45635 of 2022(2) dt.31-08-2022 3/3 of Arms Act."
Considering the petitioner's antecedent and the seriousness of the accusation, I am not inclined to grant him the privilege of regular bail.
This application is accordingly dismissed.
Learned counsel for the petitioner has submitted that charge has been framed. He submits that the trial may be directed to be expedited. It is observed that the Court below shall take all possible steps to ensure conclusion of the trial as early as possible.
(Chakradhari Sharan Singh, J) K.K.RAO/- U T