Ram Kishun Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31064 of 2018 Arising Out of P.S.Case No. -404 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Ram Kishun Gupta, Son of Shivpujan Gupta, Resident of Village- Dulhipur, P.S.- Mugalsarai, District- Chandauli (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Sasaram (Model) P.S.Case No.404 of 2017 registered for an offence under Section 379 of the IPC.

The case has been registered against the unknown persons. It has been submitted that in course of investigation, 17 motor cycles were recovered from a campus near the power house situated at Mugalsarai. This petitioner and other co-accuseds were apprehended by police merely on suspicion and they never confessed their complicity in the above crime. The petitioner is in custody since 24.02.2018 and till the date he has not been put on test identification. The similarly situated co-accused Shyam @ Bechhu and Chhotu @ Chhotu Dharmraj Prajapati who were apprehended have been allowed bail in Cr.Misc.No.30605 of 2018

Patna High Court Cr.Misc. No.31064 of 2018 (3) dt.09-07-2018 2/2 and another co-accused has also been granted bail in Cr.Misc.No.19442 of 2018. The case of this petitioner stands on similar footing.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. 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 CJM, Rohtas at Sasaram in connection with Sasaram (Model) P.S. Case No.404 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T