Dharmendra Kumar @ Umesh Pd. Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48403 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== DHARMENDRA KUMAR @ UMESH PD. GUPTA S/o Late Mithila @ Tejan Sao R/o Vill- Gajachak Mohammadpur, P.S.- Janipur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Upadhyay, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2022 Heard Mr. Chandra Bhushan Upadhyay, learned counsel for the petitioner and Mr. Prem Kumar Jha, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 185 of 2021 registered for the offences punishable under Sections 419, 420, 467, 468, 469, 471, 120-B and 506 of the Indian Penal Code 1860. The allegation as per the First Information Report is that the petitioner along with other accused persons executed the sale deed of land belonging to the informant's grandfather in favour of Rinki Kumari.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.48403 of 2022(2) dt.16-12-2022 2/2 motive. He further submits that the entire allegation in the First Information Report is against Pappu Kumar on whose behest the sale deed has been executed on the basis of forged PAN card. He next submits that Pappu Kumar has been granted bail by this Court in Cr. Misc. No. 31040 of 2022. Petitioner is in custody since 5.7.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 5.7.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIX, Patna, in connection with Phulwari Sharif (Janipur)P.S. Case No. 185 of 2021.

(Anil Kumar Sinha, J) S.Ali/- U T