Dinesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50882 of 2014 Arising Out of PS.Case No. -373 Year- 2014 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dinesh Kumar Gupta S/O Jagarnath Sah, R/o Village- Purani Gudari Ward No. 1, P.S.- Bettiah (Town), District- West Champaran .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner. No body appears on behalf of the State to oppose the prayer for bail.

The petitioner seeks regular bail in connection with Bagaha (Patkhauli) P.S.Case No. 373/2014 under Sections 385, 387, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a vendor of the SIM of the mobile phone and the distributor is some body else. It has been further submitted that there is no direct link between the petitioner and the person who made the alleged telephone call to the informant and as such in any view of the matter no offence as alleged in the first information report is made out against the petitioner.

Patna High Court Cr.Misc. No.50882 of 2014 (3) dt.04-03-2015 In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate , Bagaha, West Champaran in connection with Bagaha (Patkhauli) P.S.Case No.373/2014 subject to the following conditions: (a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail. (V. Nath, J) Nitesh/- U T