Raushan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64718 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== RAUSHAN GUPTA Son of Sri Sanjay Sao Resident of Chakhandipur, New Durga, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Jha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 04.04.2021, charge-sheet has been submitted and has antecedent of one case.

The informant alleges that he was intercepted by two motorcycle borne criminals who on the point of pistol looted the motorcycle, mobile and purse of the informant and fled away towards Bihar Sharif.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.64718 of 2021(4) dt.11-05-2022 2/2 prayer for regular bail of the petitioner and submits that petitioner was arrested while fleeing and motorcycle was recovered from garage of Anandi Yadav who disclosed that motorcycle was brought in the garage by the petitioner but learned counsel for the petitioner rebuts the submission of the learned A.P.P. by submitting that it absolutely does not stand to reason that this petitioner was apprehended while he was fleeing then how he could have brought the motorcycle to the garage.

Considering the fact that the petitioner is in custody since 04.04.2021, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Noorsarai P.S. Case No. 113 of 2021, subject to the conditions that one of the bailors of the petitioner shall be his father (Sanjay Sao) and further if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial then in that event the learned court below shall forthwith cancel the bail bond of the petitioner by recording reasons.

(Satyavrat Verma, J) Kundan/- U T