Patna High CourtCR. MISC./52867/2023bail granted

Anuj Kumar Gupta @ Anuj Kumar v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52867 of 2023 Arising Out of PS. Case No.-435 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== Anuj Kumar Gupta @ Anuj Kumar Son Of Om Prakash Gupta Resident Of Village - Old Bus Stand Piro, P.S. - Piro, District - Bhojpur ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with S. Trial No. 137 of 2023 arising out of Ara Nawada P.S. Case No. 435 of 2021 dated 21.04.2021 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and 25 (1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, two live cartridges and one Apache motorcycle were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.52867 of 2023(2) dt.24-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 04.07.2022 passed in Cr. Misc. No. 5468 of 2022. The petitioner has two other criminal cases and he is on bail in all the said criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2021.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with S. Trial No. 137 of 2023 arising out of Ara Nawada P.S. Case No. 435 of 2021.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T