Sunil Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9434 of 2021 Arising Out of PS. Case No.-1073 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SUNIL KUMAR GUPTA SON OF SHIV NARAYAN PRASAD GUPTA R/O VILL.- PARSAHA NARIYAR, P.S.- SAHARSA, DIST.- SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 405, 467, 468, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with other co-accused is said to have taken Rs.1,35,000.00 from the informant on the assurance of providing him job in NGO run by them in Swarn Jayanti Sewa

Patna High Court CR. MISC. No.9434 of 2021(2) dt.12-07-2021 2/3 Samiti.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to malice and grudge. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that from bare perusal of the F.I.R. it appears that neither the petitioner has received any money nor the informant has approached the petitioner for providing him job in the said NGO. It is also submitted that the petitioner worked for nearly six months for the said NGO at Saharsa and even his salary was not paid to him and ultimately petitioner went to Delhi to earn his livelihood. Co-accused, namely, Natasha Chourasia has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 07.04.2021 passed in Cr. Misc. No. 36100 of 2020. Though one criminal case is pending against the petitioner in which he is on bail. The petitioner has been languishing in custody since 31.06.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.9434 of 2021(2) dt.12-07-2021 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Phulwarisharif P. S. Case No.1073 of 2019. (Anjani Kumar Sharan, J) Trivedi/- U T