Vikash Kumar Gupta @ Bikash Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50284 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Vikash Kumar Gupta @ Bikash Kumar Gupta Son Of Late Vishal Gupta R/O Village- Near Ramnagar, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 53 of 2021 arising out of Tr. No. 320 of 2022 instituted under Sections 353, 406, 420, 419, 465, 486, 488, 504, 506, 120(A) of the Indian Penal Code. As per the prosecution story, the allegation is that the police officials came to know that some persons are taking money from the vehicle plying from the road when they reached the spot, the persons sitting in the Scorpio car tried to escape. However in the process, some accused persons were apprehended and gave the name of this petitioner. Accordingly, the FIR was lodged against him.

Patna High Court CR. MISC. No.50284 of 2022(2) dt.10-01-2023 2/2 Learned counsel for the petitioner submits that save and except the fact that he has case under his belt under Bihar Excise and Prohibition Act, 2016 and he has been implicated in this case, there is nothing on record to show his complicity and the confession before the police has no meaning. Learned APP on the other hand opposes the prayer for bail.

Taking into account the fact that the name of the petitioner has come in the confessional statement of the accused persons, he is ready to cooperate in the investigation and will be appearing during the course of trial regularly, this Court is inclined to grant him relief.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Kotwa P.S. Case No. 53 of 2021 arising out of Tr. No. 320 of 2022 to the satisfaction of learned A.C.J.M.,10, Motihari, East Champaran subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan/ Ajay U T